I got my first speeding ticket today. But when the officer gave me the ticket, I noticed he whited out the date, and wrote over it. The new date was right but he didn't change the day of the week from Wednesday to Thursday. I got the ticket in Brown Co. Wisconsin, if that matters.
2007-09-13 04:09:03 · 8 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
this has been answered numerous times in Y/A.
Unless it is material to the violation, then it will not be thrown out. Having the day of the week is not material unless the violation specially names the day of the week as something that is against a written statue (for instance - illegal to park on the street on Wednesdays).
2007-09-13 04:19:07 · answer #1 · answered by Anonymous · 0⤊ 0⤋
It probably won't matter.
You can go fight it - but stick to trying to create doubt in the judges mind as to whether or not the cop actually caught you speeding rather than attempting to get it thrown out on a minor technicality.
You might allude to it by referring to the events of Thursday, Sept. 5th (or whatever), and if the judge tries to correct you - or notices the discrepancy, then it will make the cop look like a less reliable source of information.
If you got caught by radar - ask the cop when the last time the radar gun was calibrated - they will tell you at the beginning of their shift (which is technically inaccurate, because they only check the calibration with a tuning fork). If they cannot provide documentation showing that the radar gun was calibrated in a labratory within the last three months, then you can get the ticket thrown out.
You've gotta be pretty good at defending yourself though. It's probably not worth the money for a lawyer - but sometimes you will luck out, and the cop won't show up (which means they will reschedule the court date - if he doesn't show again, then they will throw it out).
Usually you can get the fine reduced - and sometimes keep the points off your record by taking a driver improvement class.
2007-09-13 11:20:40 · answer #2 · answered by Anonymous · 0⤊ 0⤋
This isn't Perry Mason.
If you were speeding, slow down, and either pay the fine or take a Defensive Driving Course and get it taken care of. Hire an attorney and get it taken care of. There are a number fo ways to handle it, but going in and saying that the ticket is moot because the officer put the wrong date on it will have you landing flatt on your face.
2007-09-13 11:16:20 · answer #3 · answered by Michael H 7 · 3⤊ 1⤋
No you cant get out of the ticket because critical information wasnt left out.....like the make of the car..... if they cop said they pulled you over in a white mercedes but you was really driving a black porsche then you might have a chance but as it stands...no
2007-09-13 11:17:27 · answer #4 · answered by durtyboyz2005 3 · 0⤊ 0⤋
Nobody will throw out your ticket on a technicality like that. Just pay it. You WERE doing the wrong thing.
2007-09-13 12:52:19 · answer #5 · answered by Anonymous · 0⤊ 0⤋
all the prosecuting attorney has to do is petition the court to amend the ticket.
this is not grounds for dismissal... as long as the officer can still prove the elements of the offense, it will proceed.
2007-09-13 14:03:41 · answer #6 · answered by trooper3316 7 · 0⤊ 0⤋
Just pay the ticket. Trying to weasel you way out will only waste your time.
2007-09-13 11:16:58 · answer #7 · answered by Dylan 5 · 2⤊ 2⤋
They will just change it>dose this mean you weren't speeding then if this is your defense than take lots of money >????
2007-09-13 11:15:49 · answer #8 · answered by 45 auto 7 · 1⤊ 1⤋