My mom just got a tickect today 7/4 at 10:00am and she knows that she wasn't speeding. This cop stops my mom and says that she was speeding and made her sign the citation stating that she got the ticket on 7/3 at 6:30pm. Is that leagal? the cop just lied on that citation? what can my mom do?
2007-07-04 05:14:10 · 14 answers · asked by txtribe5 1 in Politics & Government ➔ Law Enforcement & Police
Unless you want to throw your money away, you do not need a lawyer. Point out the mistake in court, and it will be up to the Judge to either continue the violation case, or dismiss it. The Officer has the right to explain any errors.
2007-07-04 06:04:03 · answer #1 · answered by CGIV76 7 · 2⤊ 1⤋
Is the time and date an element of the offense of speeding? In other words, is the speed limit at the location different on a Tuesday at 10 AM than it is on a Wednesday at 6:30 PM? If not, then time and date are not important to the ticket. She can still be found guilty of speeding.
If she goes in and tries to get the ticket thrown out based on an incorrect date and time, that's what the judge will ask. The judge will also allow the state to amend, or correct, the date and time written on the ticket.
The fact that your mother signed the ticket is proof that she was where the police officer was at the time the ticket was issued.
The Court can look at the other tickets written before and after the ticket given to your mother as proof of when the ticket was written, if there is some dispute, but odds are the judge won't have to do that, based on the above information.
I know that's not what you want to hear, but it's legally accurate. Most of the people answering you have never worked in law enforcement or been in Court when these sorts of cases have been heard. I have.
2007-07-04 08:46:49 · answer #2 · answered by Mama Pastafarian 7 · 0⤊ 0⤋
In my state an inaccurate date and time on a citation has been ruled as insufficient reason to withdraw the ticket. Your signature only means that you promise to appear in court. The officer's notes for the day in question, and his report when he returns to the station will have the correct date and time, so his small mistake on the ticket won't count for much.
2007-07-07 18:23:54 · answer #3 · answered by Ice 6 · 0⤊ 0⤋
The citation doesn't matter. At the courthouse, the DA writes a writ and refills in the blanks on that form. You probably don't know court procedure either, but in essence the court proceeds on an agenda basis, ie we don't get to shout and speak our opinions at will, the conversation will proceed proceedurally. Your best bet is to contact one of those lawyers that advertise on TV or the billboards. Those lawyers challenge upwards of 500 tickets per month. The DA calls him into conference and they sort through the pile. The DA picks out the ones he's really after. The lawyer claims victory for the majority of his clients.
2007-07-04 05:27:32 · answer #4 · answered by Anonymous · 1⤊ 1⤋
There are fairly 2 separate subject concerns right here. (a million) The officer's habit and (2) Your alleged violations. As for the officer's habit, i'm no longer likely to condone what they did. you're able to have reported it with the job/table Sargeant, which you probably did. regrettably for you, this is their remember from that element forward. All you could wish for is that the brass tells this guy to place off you and if he does get in difficulty, it will be an inner shop in mind which you are going to never pay attention approximately. As to your violations, they seem to be a sworn officer and can testify on the state's behalf. And regrettably for you, their testimony incorporates a great kind of weight. additionally regrettably for you, if the officer is prepared to perjure himself and say that the violations befell on 6/a million, you are going to have an fairly difficult time refuting that. you could say which you had an argument with them on 5/31, yet there isn't any evidence of that. (You did no longer checklist any of this till 6/a million... after the citations.) I even have been in the area the place a motorist made up all varieties of issues approximately what I reported and did with a view to get out of a handicapped parking violation. i'm no longer asserting which you lied, purely that a great kind of individuals do and it creates a "crying wolf" difficulty while this is all lumped at the same time. you're probable going to be caught with quite a number of of those tickets. you could attempt chatting with the ADA to confirm in the event that they are going to shrink you a deal however. perhaps you could plead to between the tickets and get the others brushed aside. Who is familiar with, perhaps they are going to shrink you a candy deal in the event that they suspect your area of the tale.
2016-11-08 03:35:31 · answer #5 · answered by ? 4 · 0⤊ 0⤋
I believe that It would be hard for you to win in court if your mom can not come up with proof. I was given a ticket for parking in a no parking zone, but the cop put on 6th ave & 36 st on the ticket, when I was on 4th ave, I took photos of the intersection that proved there was not a no parking zone on 6th ave and took a friend that lived there to court, I won, She needs proof to prevail.
I was also given a ticket for unlawfully parking on private property with out the owners permission, I took pictures of where my car was parked, I went to the Department of zone (ing) recieved a map of the public right of way, to prove that I was not on private property. The Judge told me you did your homework, you did break the law, But the officer quoted the wrong statue on the ticket and I won the case.
2007-07-04 07:36:34 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Can your mom prove she was somewhere else at the time of the citation? For instance if she can prove she was at work at the time the citation has written on it - it could not have been her. I know that is how it works in Wisconsin. The cop probably started writing one yesterday and stopped. Then that date and time - just showed up on your mom's. Lucky break.
2007-07-04 05:22:55 · answer #7 · answered by Dandy 2 · 0⤊ 1⤋
It was probably a quota thing and your mom was the first pinch.
In this day and age, find a credit card receipt hopefully with a location and time in a completely different place and you're out scott-free.
Present a copy of the ticket and receipt to the judge and let it go from there.
2007-07-04 07:20:59 · answer #8 · answered by atg28 5 · 0⤊ 1⤋
She will need to show up in court and give an accounting of her time on the date the ticket was issued. I believe she can beat the rap, because the officer issued the ticket with the wrong date .
2007-07-04 05:26:03 · answer #9 · answered by Anonymous · 0⤊ 1⤋
Bring witnesses to court to prove where she was on 7/3 at 6:30 pm.
2007-07-04 05:19:03 · answer #10 · answered by Gray Wanderer 7 · 1⤊ 1⤋