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I am Asian but i got speeding ticket and officer identified me as Black? CAn i fight

2007-06-18 08:33:48 · 21 answers · asked by g 1 in Politics & Government Law Enforcement & Police

Thanks everyone for such a fast response. I look 100% asian. Can i say to the judge that if the officer doesnt knows what race i was. He was probably not paying attention. He probably wasnt even paying attention to his Radar Gun.

2007-06-18 08:38:10 · update #1

Yes i was speeding. But does error on part of the officer will lead me to win.

2007-06-18 08:41:42 · update #2

I can pay the ticket.....but i cant afford the insurance hike......Ill be listed a high risk driver after this offense. which means $1000s of additional dollars over next 3 years.

2007-06-18 08:43:07 · update #3

Everything else on the ticket was right. Hair color, Eyes color, Height etc.

2007-06-18 08:48:01 · update #4

Was under normal conditions during daytime. There wasnt a box for Race. But the officer handwrote "B" in the Race column

2007-06-18 08:51:35 · update #5

21 answers

You can try, but I seriously doubt it would do any good. If you were speeding, then you were guilty. What time of day were you stopped? If it was nighttime, then the officer could have an excuse for checking the wrong box, due to lighting. The Judge will take into consideration what information on the ticket was correct, as well as what wasn't. If the majority of other information is correct, the judge will just consider it a typographical error and it will not have any effect on his ruling. Usually they know the person who was given the ticket will be looking for any excuse to try and get out of it. Prepare for an insurance hike.

2007-06-18 08:49:51 · answer #1 · answered by anndoodle 2 · 2 1

You can fight, but in all probability you would lose. If you contest it in front of the judge he will ask you if you were speeding, then ask the officer if you were speeding, if he clocked you with a radar gun and where was the location the incident occurred. If you tell the judge that the officer stated on the ticket that you were black, rather than asian, the judge will probably say that it has no bearing on rather you were speeding or not. Then add some court costs to your fine.

2007-06-18 17:04:33 · answer #2 · answered by sean_m 2 · 0 0

It depends on the jurisdiction and the judge. In Virginia, the judges often see technical difficulties as just that, technical. I process so many arrestees and I've seen errors in race, DOB, SSN, address, etc. Even when the courts send paperwork down, they can screw up the charges and sentence. You should be really lucky to find a judge who would dismiss your charge because of this.

Now, if you want to use this defense in court, be careful. You can claim that the officer did not know it was you being ticketed. You can be asked the simple question of "Were you speeding and did the officer issue ou a citation?" If you lie and say no, you risk ticking off the judge. An unhappy judge is a vindictive judge. The judge could easily issue a contempt of court charge for lying to him. IE: Jail time that can not be appealed.

2007-06-18 11:10:11 · answer #3 · answered by rec4lms 6 · 0 2

You can fight any ticket; however, all that has to be proved is you were in the locality the ticket was issued, you were the driver, and you were speeding. Identifiers such as race assist the officer at a later date in identifying you in court.

2007-06-18 08:39:05 · answer #4 · answered by John H 3 · 0 0

Yes. You can possibly get off of the responsibility for paying it on a default because the court cannot prove that you, an asian male, was the one driving if the officer identified you to be black.

2007-06-18 08:37:11 · answer #5 · answered by Anonymous · 1 0

You can get out of it on a technicality... i was pulled over and given a ticket that said i was goin 70 in a 55, but the cop told me i was going 77 in a 55(in a 1984 ford escort)haha. so when i went to court i kept sayin 77 and the judge asked why i said 77 and i told him thats what the cop told me i was going and it was dropped.

2007-06-18 08:42:29 · answer #6 · answered by cricket s 2 · 2 0

i had a police officer right down the wrong address and i fought it and won. my argument was that if he cant even copy down my address right how can i be sure he copied down the right speed...it also depends on the judge as well good luck and go for it the worst thing that will happen is that you half to pay the ticket

2007-06-18 08:40:55 · answer #7 · answered by 0matix0 4 · 2 0

Of course you can fight it. But unless you are prepared to lie to the judge, you will pay the ticket anyway. See, the judge doesn't really care what color you are - he just wants you to pay the fine for the crime you committed.

2007-06-18 09:04:49 · answer #8 · answered by wuxxler 5 · 1 1

the fundamental part of it is to procure caught rushing. law enforcement officials are exceedingly lots equivalent danger on rushing tickets, and in case you attempt to get a dismissal in this minor technicality, they are going to probable double the super. Plead not responsible, because of the fact which you never be attentive to, they could be in a stable temper. If this could nicely be a substantial speeder or a school zone violation, i could get an criminal expert in contact.

2016-10-17 22:31:57 · answer #9 · answered by ? 4 · 0 0

It's worth a try to argue against the ticket. If you're any good at it, you might get out of paying for it.

2007-06-18 08:43:39 · answer #10 · answered by Anonymous · 1 0

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