I was pulled over for speeding in a residential zone in Maryland on January 4th, 2007. The police officer issuing the ticket wrote the date as January 4th, 2006, which is a year's difference. From my understanding of the MD law, I am fairly sure that police errors of more than one week will invalidate the ticket. Will this be enough to challenge the ticket successfully in front of a judge?
This is my first offense. I am seventeen years old, and I have had my provisional license for a year now. Let me know if you need more information.
2007-01-06 12:01:06 · 19 answers · asked by Bobby S 4 in Politics & Government ➔ Law Enforcement & Police
I don't know of any such restrictions in Maryland Law. If you find a cite to back up your belief, then by all means use it, and let me know what it is.
Very likely this will be viewed as an administrative error. However, it that's the date that ends up on the charging document you may have cause for dismissal (the prosecutor may just enter Nolle Prosequi) or reason to argue not guilty based on the date error. Particulary if you can verify that you were not driving there at that time on that date. The only error according to COMAR that doesn't affect charging documents relates to citation of authority (statute citation). Which I think is ridiculous... if the citation authority is wrong, the entire document should be wrong on principle, but I digress.
First time I was in court for speeding (about your age, many many moons ago) I pled not guilty as there was a vehicle that had just passed me in the passing lane and they slowed and pulled off into a development, apparently they had a radar detector or saw the cruiser before I did. I was pulled over after 12am on a provisional license. In any case, I still got a guilty verdict and just a reduced speed and fine, even though the bailiff (friend of the family) put in a word for me with the judge.
From COMAR (Title 4 I believe):
Rule 4-202. Charging document - Content.
(a) General requirements.- A charging document shall contain the name of the defendant or any name or description by which the defendant can be identified with reasonable certainty, except that the defendant need not be named or described in a citation for a parking violation. It shall contain a concise and definite statement of the essential facts of the offense with which the defendant is charged and, with reasonable particularity, the time and place the offense occurred. An allegation made in one count may be incorporated by reference in another count. The statute or other authority for each count shall be cited at the end of the count, but error in or omission of the citation of authority is not grounds for dismissal of the charging document or for reversal of a conviction.
2007-01-06 15:03:30 · answer #1 · answered by Anonymous · 0⤊ 0⤋
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2016-06-04 02:16:55 · answer #2 · answered by ? 3 · 0⤊ 0⤋
No that won't get you off. On a parking ticket, yes because a parking ticket is the gov'ts only evidence. It has to be right. A traffic ticket on the other hand is more or less your "reciept" and notification to show up in court. The state proves its case based on the officers testimony. He can actually leave stuff out, add things later to his copy etc. He will also make notes about you on it to remeber you for when he testifies in court. You can use the error to help in your defense by attacking the officers credibility. Ex) If you don't know the date, what else did you get wrong that night? Always be respectful though. But if thats all you got and you did what they are saying...your gonna lose. Unfortunately most traffic courts are stacked against you. The cop has been there hundreds or maybe thousands of times. Its his job. He'll present his case in a professional manner, he'll explain the error and you'll be found guilty. Try and get there early and plead it down to a fine/no points to save the insurance. If its a serious ticket, consider getting a lawyer. The money may be worth it if you are facing a mandatory revocation of very large fine.
2007-01-06 12:34:24 · answer #3 · answered by Anonymous · 0⤊ 0⤋
It is an "administrative" error - not a true legal one. For many people, it takes them a while to use the new year when using their checkbooks. I once saw a lady fight a ticket on the technicality that the office (who was Hispanic) check "M" on the ticket in reference to the woman's sex. She argued that she should have the ticket dismissed because he should have checked "F" for female. The office got up and said he checked "M' for "Mujer" which is woman in Spanish. She lost her argument and had to pay the fine.
If you try to contest it, there is a likelihood that the police officer will not show for court. In that case, it would likely be dismissed.
2007-01-06 13:31:46 · answer #4 · answered by Coach D. 4 · 0⤊ 0⤋
YES YES YES YES YES!!!!!!!!!!! GOD LOCK MY FRIEND!
Yes, if the cop did not write the right information on the ticket is INVALID, you can fith it at court and endup payng NOTHING!, and NO POINTS TO YOUR LICENSE WILL BE POSTED, NO WAY NO HOW!, this is so god for you, so for all errors in the part of the cop, it does not metter what tipe of error makes the ticket INVALID OR VOID, it can be the wrong date, wrong plate's number, wrong intersection adress where you gat pullover, can be because wrong name on the tinket, if any of this is wrong on your tinket, so you are holding a pice of paper that does not mean NOTHING!. HA HA, BUT its true, it hapend to me onece and i was so happy taht i did not have to pay $568.00 dolars becuse it was an error on the ticket the cop give me when he pull me over.
2007-01-06 14:07:23 · answer #5 · answered by javierporras1983 3 · 0⤊ 0⤋
Of course you can fight it. One, if the cop doesn't show up for the court date you automatically win, and two if the cop made an error you usually win. That's why they take so long writing tickets. At least that's how it goes in Canada...
2007-01-06 12:05:07 · answer #6 · answered by Anonymous · 0⤊ 1⤋
Well laws aren't about justice. You might get away with it if you fight the ticket. But, we all know you WERE speeding and really, a minor typo by the officer makes little real difference. Why not try driving within the law - then you won't need to worry about trying to wriggle out of your just deserts. You won't want to know the figures for traffic accidents involving young drivers!
2007-01-06 12:06:00 · answer #7 · answered by Anonymous · 1⤊ 3⤋
Most traffic court judges ignore "typo's" and allow the ticket to stand, appeals courts do NOT. If you can possibly afford it, appeal the decision if you are found guilty.
2007-01-07 04:59:48 · answer #8 · answered by Gunny T 6 · 0⤊ 0⤋
I'm not sure, but I believe it would be a good thing if you fought the ticket anyway. Even if you lose, it will be an experience that will help you later in life, a growing experience.
2007-01-06 12:02:27 · answer #9 · answered by merlin_steele 6 · 1⤊ 1⤋
The Magistrate may allow the Officer to amend the accusatory instrument to correct the mistake. It's up to the Magistrate.
2007-01-06 12:23:49 · answer #10 · answered by Anonymous · 0⤊ 1⤋