The other day I recieved a speeding ticket for going 40 mph in a 25. With out a doubt, I deserved the ticket. But here is my delima: The speeding took place at 3:48 PM. But when the cop filled out the ticket, he put that it happened at 3:48 AM. Should I plead innocent because of the error, or would this not hold up in court? Thanks in advance for the help.
2007-02-02 06:41:14 · 13 answers · asked by phatpeso 2 in Politics & Government ➔ Law Enforcement & Police
would definitely hold up in court.
The catch 22 in my opinion would be that you would probably need a lawyer to 'work it' for you.
So then comes the problem of do you just pay the ticket (probably cheaper) or pay the lawyer....
I would definitely pay the lawyer if the ticket meant that you had to eventually pay a higher rate for your insurance due to same or if you had several other speeding tickets that would have a major effect on your license or if driving was a major component to your job (if you are a bus driver or truck driver or ups delivery man etc)
Great question and
GOOD LUCK!
2007-02-02 06:46:42 · answer #1 · answered by lisa s 6 · 0⤊ 2⤋
Ok, first the error will have no bearing on the ticket, courts allow minor mistakes on tickets and allow them to be valid,
So don't expect that to have anything to do with the ticket being valid. This is almost the most minor of all mistakes, wrong car color, wromg plate number, wrong sex for driver, misspelled name, they are all just over looked normaly.
But if you want to try to have to thrown out, you make a motion first to have the ticket (case) dismissed.
In most courts the ticket is merley seen as a summoms to appear in court where you will be actually charged, then at court you can make a plea.
But you always want to plead not guilty anyway, first about 30 percent of the time the officer just don't show up, and you ask for the case to be dismissed.
If not there is normally no difference in the fine for pleading guilty or not guilty.
In some areas if you check wth the court, you also may get the ticket dismissed if you go to traffic school and pay a "court fee"
2007-02-02 13:54:16 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If a man committed murder and, in the police report the cop put 3:00AM instead of 3:00PM, do you think the judge would just dismiss the case? I think you know the answer to that one. To a certain extent, your case is no different. You broke the law, and the judge is not going to dismiss the case because of a clerical error. On the other hand, you could possibly use it to impeach the police officer. Take it to trial, and on cross examination, you could ask him why it says 3:00A when it should have been 3:00P; he will, of course, admit that he made a mistake. Then you could ask him if he made any mistakes pertaining to any other apsects of the ticket/charges. He will probably say no, but you may have done enough to establist reasonable doubt as to the charges. Of course, do not admit to speeding ever. And keep in mind that if you go to trial and lose, you will pay court costs. Also, I would advise against getting a lawyer unless you will get into serious trouble for this ticket (license suspension, insurance hike)- you can impeach the officer yourself. Just ask him questions that make it look like he was careless in issuing you this ticket, which will, in turn, raise reasonable doubt as to your question of guilt. Good luck.
2007-02-02 09:26:15 · answer #3 · answered by John Tiggity 2 · 0⤊ 1⤋
Some errors can be corrected by the prosecutor in court. For example I have seen a ticket amended in court because February 29th was written when there was no 29th that year (really March 1).
The person thought they were going to get off because of the error but it was corrected in court. They changed their plea to guilty once the Justice of the Peace explained that errors can be fixed. The only thing that can't be fixed are certain omissions (empty spots, like date, time, offence section)
I speak from a Canadian perspective however, this may be different for your part of the world.
2007-02-02 06:50:13 · answer #4 · answered by joeanonymous 6 · 1⤊ 0⤋
Having written a considerable number of police reports and tickets....I would pay the ticket!
First....if you KNOW you were speeding...the time is not a factor...you are guilty of speeding.
Second....the judge will ask the very same question. It's been determined that the time does not HAVE to be exact. The fact that it happened at APPROXIMATELY the time and date provided is all that's needed!
Best wishes!
2007-02-02 06:59:07 · answer #5 · answered by KC V ™ 7 · 1⤊ 0⤋
You're stuck. The judge will view it for what it is - a simple clerical mistake - which does not change the elements of the offense and therefore does not make the ticket invalid.
Go pay your ticket and be done with it.
2007-02-02 07:24:02 · answer #6 · answered by Team Chief 5 · 1⤊ 0⤋
Sorry to disappoint you. You have not found a loophole. Pay the ticket you deserved, and drive slower next time.
2007-02-02 06:45:47 · answer #7 · answered by Anonymous · 2⤊ 1⤋
Why don't you just pay the ticket like a man. And slow the fark down. Clown.
2007-02-02 06:45:39 · answer #8 · answered by Anonymous · 1⤊ 1⤋
jus plead guilty, its only a fine, if u had hit sum1 and the police had filled in the paperwork wrong then would you of lied then????
2007-02-02 07:06:50 · answer #9 · answered by Gemma B 1 · 1⤊ 0⤋
I wouldn't unless you want to be on the dawg list...if you were speeding just pay it, remember, the judge was a lawyer once and they don't like us lawyering...
2007-02-02 06:45:38 · answer #10 · answered by Anonymous · 2⤊ 1⤋