The ticket was for driving around a cone, but the officer's sloppy hand writing was incorrectly entered into the computer system by the Los Angeles Superior court, and both my drivers license number (by one number) and the spelling of my middle name were incorrect (by one letter), if i go to court will i be found guilty? will the case be thrown out? should i just pay the stupid ticket and be done with it? I haven't called a lawyer yet, should I? I would love to not have to pay the ticket and to go to traffic school.
2007-08-23 06:27:53 · 11 answers · asked by scubadrf 1 in Politics & Government ➔ Law & Ethics
Coincidentally, there was an article about ticket myths on the Yahoo! homepage today. Here's an excerpt -
"Myth No. 1: If the officer makes a single mistake on your ticket, the case will be dropped.
A ticket should be seen as an accusatory instrument and a basis for prosecution that must be factually valid, says Matisyahu Wolfberg, an attorney from Spring Valley, N.Y., who represents defendants in traffic cases and lists tips on his Web site www.notspeeding.com. Clerical mistakes, such as a wrong number or wrong order of a person's name, are usually overlooked. Material mistakes, like the identity of the driver, the direction of travel, the street where the citation occurred or the description of the vehicle, can usually help a driver win the case."
Good Luck! I listed the whole article below... Hope this helps.
2007-08-23 06:43:12 · answer #1 · answered by Jenster 4 · 3⤊ 0⤋
Don't worry about a lawyer. I would think they would throw it out, or reduce it. And the cop wont show up so that helps you out a lot.
I got a ticket for doing 45 in a 25, the date of the infraction was 1994 and the date on the ticket was 1998. (cop wasn't paying attention when he wrote it) the judge was reading through the ticket got to the infraction date, said the tickets invalid and I could go. I didn't even have to say anything.
Take it to court, hopefully you will get lucky. dress nice when you show up to. make it look like you actually care.
2007-08-23 06:37:08 · answer #2 · answered by crutchduck 3 · 0⤊ 2⤋
The case will not be thrown out because the cop gave the ticket to you. It's an official document and even if he wrote Mickey Mouse for your name he gave it to you, thus serving you. You accepted it and did not say to the officer, "Excuse me sir, but I'm not Mickey Mouse", so you have demonstrated understanding of the document by accepting it.
Just show up and ask if you can go to Traffic School.
2007-08-23 06:44:25 · answer #3 · answered by Anonymous · 1⤊ 0⤋
Maybe. Once when I got a ticket the officer wrote my social sec number done wrong, only by one digit and I was still responsible for the ticket.
2007-08-23 06:34:19 · answer #4 · answered by **Star** 2 · 2⤊ 0⤋
No.......they still have the right name and person.
Crutch......that may not happen for everyone. Our court system will prosecute even if the address is wrong.
You received the ticket, go to court and contest any wrong do not ignore the ticket.
2007-08-23 06:39:47 · answer #5 · answered by stormey_84074 3 · 0⤊ 0⤋
That is immaterial to the charge and is not a bases for throwing out the ticket. Clerical errors are rarely a basis to throw out a legitimate traffic citation.
2007-08-23 06:35:36 · answer #6 · answered by Anonymous · 2⤊ 0⤋
If the ticket got to you you are liable. If you go to court they will just correct the number and you will have to pay it. I wouldn't recommend no showing.
2007-08-23 06:32:09 · answer #7 · answered by Anonymous · 2⤊ 0⤋
A preponderance of the evidence says it was YOU. It was your car, your car license number, you were driving it, it pretty much is your name, and your driver's license number despite a couple of "clerical" slip-ups, which is very common in business practice.
You'll be wasting your time if you fight it. You DID do it, right?
2007-08-23 06:46:32 · answer #8 · answered by Anonymous · 0⤊ 0⤋
doubt it. I believe it's called a scribners error (Not sure of the correct spelling) but if all the information is factually accurate with the exception of a few letters or numbers, you lose
2007-08-23 06:41:20 · answer #9 · answered by Wayne G 5 · 0⤊ 0⤋
Pay the ticket. In the end, it will probably cost less.
2007-08-23 06:32:52 · answer #10 · answered by sensible_man 7 · 2⤊ 0⤋