Wrong "Location of Offense" on speeding ticket.?

Question

NJ

I recieved a speeding ticket for inadvertantly going 43mph in a 25mph zone. The flow of traffic was similar and I was simply attempting to pass the adjacent car in order to go on my right lane and turn at the upcoming light.

I drive through the area daily and knew that my usual route was detoured due to construction. I took a different route (Broadway) and ended up getting stopped 1/2 a block from my destination.

The officer has written "780 Broadway" and I had NOT driven through that area. In fact, I had turned onto Broadway in the 730-740 area and was stopped around 575-585 Broadway. 4 Blocks away from where i had turned, and 5 blocks away from "the location of the offense"

Would I be able to dispute this fact in court?

Answer 1

You can dispute the fact of the location. However, if the speed limit in the area shown on the ticket and the speed limit of the actual location is the same.. your argument is immaterial. The judge will probably toss your argument as the fact still remains that you were speeding regardless of the location.

Then only chance you have is if the Location of Offence noted on the ticket is in a different jursidiction than where you were actually exceeding the limit. If not.. again the argument will be tossed as immaterial.

Judges just don't toss a ticket due to something written incorrectly on a citation UNLESS it changes the situation to a point where the defendant would be considered not-guilty and/or it would not fall with in their jurisdication.

Remember... the city get's revenue from the tickets and the judge's salary is based on the city budget. Therefore, a judge doesn't just toss away money if he doesn't have to.

I would suggest you either look for something else to defeat the ticket with and/or hire an attorney to represent you.

Good luck and I hope this helps.

Answer 2

yes, and if you can prove you were not at that address, perhaps a onboard GPS tracking that would print out a roue of your days driving ?

But unless the officer admits he wrote the incorrect address or perhaps his 8 was really a 0 ( poor hand writing)

But it will be your word against his word, on the fact you were speeding and the fact it was the wrong address.

And the note on that, you hit your brake and let the other car get infont of you, not speed up to almost 20 miles over the speed limit,

But anyway, fight it, who knows the judge may be in a good mood, it can't really hurt anything, but without evidence to prove your statement, you have nto got much to go on

Answer 3

If you can prove that you weren't at the location indicated on the ticket when the violation was supposed to have occurred then you have a good case. The burden of proof is on you. Going to court and calling the Officer a liar, which is how the Judge will see it, won't work. If you just say "I wasn't there, the cop is wrong" expect to pay and have your checkbook ready.

Answer 4

in court the officer can state that they were simple clerical mistakes and motion for a correction, as these errors are not contesting the violations cited for and that you are not the person cited. the violation may have occurred at one location but the actual stop may have taken place three blocks later, and the citation usually represents the location the actual vehicle was stopped and a more detailed description of where the offense occurred is on the officers narrative which is on a separate report or the back of the court copy. request a copy of the report before you look foolish playing jailhouse attorney.

Answer 5

You were "inadvertently" going 43 in a 25? I think not. You just happened to be the unlucky sod that, quite rightly, got stopped. Pay the ticket and help NJ's budget deficit.

Answer 6

If you could prove it, for example that section of the road was closed and you had someone from the city/state confirming this, you might get a liberal judge to agree.

However, most citations use language "in the area of" or "in the proximity of", and the difference between 740 Broadway and 780 Broadway would fit most peoples description of "proximity".

Often descriptions are limited to "in the 700 block of Broadway"

Answer 7

you can dispute the fact that the address was wrong and that, you can win on, but disputing the fact that you were speeding is another issue. You most likely won't win that one......just show up to court and if the cop doesn't show up then you are off the hook, however if he does.....then you will have the ticket to pay and maybe court costs.

Answer 8

Nope, not unless the speed limit is higher in the 580 section of the road

But if you really want to aggravate the judge, try to argue it anyway

Answer 9

You might be able to. It depends upon how the courts look upon the information provided by the officer. It could be that the officer provided the address of HIS location when he noticed you committing the offence.

Answer 10

I doubt it. You were speeding and the judge would probably find it irrelevant if the officer wrote the wrong address.