There is no Driver's license Number - it's blank. Moreover, if a John Smith who drives a green car were to claim the ticket written to John Smite in a brown car was not issued to him, there would also be an issuing officer who could potentially identify the person in court as the driver of the vehicle and end any doubt. This is the worst mistake a driver can make. Doing this will have your traffic ticket held as confidential information. When a defendant shows up in court for a traffic ticket, he or she can complain about the mistaken ticket. It is not typically considered evidence that calls into question the credibility of the officer who pulled you over. Business, Economics, and Finance. Steve Lehto is a writer andattorneyfrom Michigan. If the information was transposed in a way that gives you proper notice of the charges against you, then it will be considered valid for the purposes of proceeding to trial. While mistakes on a traffic ticket may not mean an automatic dismissal, sometimes an attorney can argue that perhaps the officer was distracted or similarly mistaken about the underlying violation itself. Our lawyers are experienced, prepared attorneys who understand the nuances of fighting traffic tickets. There are, however, some mistakes that are fatal errors and can have your traffic ticket thrown out if handled in the proper manner at trial, some of which include the following: No accused's name on the traffic ticket at all Incorrect fine or total payable recorded on the traffic ticket The offence not properly listed on the traffic ticket Weathering, high winds, and winter storms can all affect the precision of the shutter speed on traffic cameras, and the way officers handle the radar equipment, the purchase date, and the guns maintenance can all influence how well the sensitive instruments capture correct information. Users of the website should not act, or decline to act, based on information or content from this website. Check the date, time, and location of the ticket. Because camera tickets are sent to the owner of the car, not the driver, make sure you actually were driving the car when the ticket was issued. This really depends on the court and the prosecutor. Thats it! As mentioned, if the spelling of your name is wrong, your case may not still be dismissed. One of the first things you are required to do is to sign it but then you find out that there are incorrect information on the ticket it may be that your name is wrong whats the best to do if caught up in such a situation? Our car experts choose every product we feature. Legal Disclaimer: The content appearing on our website is for general information purposes only. Hello, Im not resident of the US. Officers are often in a hurry, and sometimes they fail to include all the information needed on a ticket. However, major errors such as the wrong statute is cited, the wrong highway is listed or your vehicle is radically misidentified are enough grounds to justify the dismissal of your ticket. Mistakes on Traffic Tickets: License to Dismiss? - FindLaw Well discuss our goals and objectives but no attorney can ever guarantee how a case will conclude. 113. While nobody enjoys paying a traffic ticket, DMV.ORG is here to make the process as pain-free as possible. These are the types of traffic ticket mistakes that may or should get the ticket canceled. Traffic Violation Resources: Contesting Traffic Tickets - LawInfo However, this is still improper service as you were not served with an Offence Notice with your name and address and drivers license on it (also a fatal error). (888) 842 5384 (TicketHELP) I received a ticket for not wearing my seat belt. The following are the common mistakes that most motorists make: As seen above, contesting a traffic ticket by yourselfis a complicated and time-consuming process, and the chances of winning are meager. WE ARE OPEN and closely monitoring the court closures and COVID-19 situation. When that happens, you may have a chance of fighting the ticket or having traffic ticket lawyers do so for you. Please take a moment and Register today! What you are promised in this country is Due Process and that is not as much as many people think. Unread post The name mistake was my last as my first, and my middle as my last and first as my middle. my son got a speeding ticket in nassau county, ny. by: kegman1 on Sat Jan 07, 2017 4:20 pm. If the ticket has been filed, you can then decide whether to retain a paralegal or proceed on your own in addressing the original issue. It is not a substitute for professional legal assistance. Mistakes on Traffic Tickets? Read or contribute to the latest legal news in. The address is completely wrong (probably belongs to the name listed on the ticket) The birthdate is completely wrong (ditto from above) The gender is wrong (ditto from above) There is no signature on the electronic ticket. Even if the make and color of your incorrect, the ticket would still hold up in court. Incorrect Information On Your Speeding Ticket - Streetdirectory.com Regardless of whether you are at fault, you need an attorney by your side to evaluate your case and figure out if you have a fighting chance in court. Mistakes on Traffic Tickets: License to Dismiss? Blasphemy! ", Professional Drivers & Fleet Services Division. it first needs to be corrected. I let it sit for a year and never received any notices about it, whatsoever. Consider some of the information on a ticket issued for a moving violation. You have to request a copy of the complaint. Worst case is that you are "deemed not to dispute the ticket" and are found guilty. wrong name on traffic ticket : r/legaladvice Cop wrote 99km/h over 60km/h but was wrong. How can our traffic ticket lawyers help you? In the past few years, the accuracy of radar guns and cameras attached to red lights have been hotly debated. We have had plenty of prosecutors say, Ill just dismiss this case and refile a proper complaint if you force me to dismiss based on a bad ticket/complaint. This is perfectly within their right as well. So simply do not dispute the ticket or pay for the ticket - let the person identified in the ticket receive a notice of conviction. For purposes of New York and New Jersey State ethics rules, please take notice that this website and its case reviews may constitute attorney advertising. Mississippi Traffic Tickets Questions & Answers - Justia Ask a Lawyer What if my traffic ticket has a misspelled or incorrect name on - Quora Article 18 informs you that you are entitled a complaint at least 1 day prior to any official hearing taking place. Myth: If the officer makes a single mistake on your traffic ticket, the Article 45.019 outlines what a complaint must contain. You should strongly consider any decision to pay a ticket without fighting. Traffic Ticket Mistakes That Will Get Your Case Dismissed in Court Traffic Tickets | DMV.com When a ticket bears a mistaken spelling of your name or a slight variation of your license plate number, a judge will likely just amend the ticket to reflect your real information and will not dismiss your case. If it's incorrect or only has what speed you were going, it could get your case dismissed. define('DISALLOW_FILE_EDIT', true); If a police officer uses the wrong name on a ticket, do I have to show up for court, or just let them issue a warrant for a person who does not exist? and on the ticket they only have correct number of my driving license, which is from my own country, and it's not the US. Hey, he got the color of your car wrong. REQUISITES OF COMPLAINT. the cop wrote the wrong street name on a ticket. Can I get it - Quora At most times, officers are often in a hurry and may fail to record all the required information. Convictions quickly lead to surcharges, insurance increases and other complications. "Sorry, come back in 4 days.". The opening phrase we often hear from clients is, I got a ticket and the officer wrote down the wrong informationso I want the ticket dismissed. That question is what drives this thread Does wrong information on the ticket get my case automatically dismissed? Can a speeding ticket be dismissed if the wrong date of birth is - Avvo Out-of-state Drivers With NY Traffic Ticket, New York Unsafe Lane Change Tickets Lawyer. Please note that our website is an Attorney Advertisement. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Having said that, the officer can still give you the right ticket within 30 days of the alleged offence, if he realizes his error. Update: Ok so I went to the online payments for www.toronto.ca/POA website and the ticket was indeed filed by the cop. Generally, the prosecutor must prove that you were driving in that location at that date and time. After all, the ticket is simply a description of a charge against you and a notice for you to appear and answer that charge. Privacy Policy. They vary from state to state in form but they generally contain the same elements. Does your ticket do these things? Visit our attorney directory to find a lawyer near you who can help. What Is The Punishment Range For A State Jail Felony? However, if your complete name is wrong on a speeding ticket like the office put the name of the street you were caught as your first name and the your first name as your last name, then youre lucky enough to get your case dismissed. If anyone has advice I'm all ears, Speeding Tickets, Traffic & Moving Violations, TheLaw.com has been providing free legal assistance online since 1995. If an officer lists the wrong make and model of your vehicle, the wrong license plate number, or any other essential identifying evidence, the incorrect information on traffic ticketcan get the citation thrown out. If the vehicle is not identified exactly, then there will be legitimate questions about the ticket itself and which car was allegedly parked improperly. Tickets may sometimes have the incorrect code section listed for your offense (i.e., the code section for disobeying a traffic device when the officer actually pulled you over for speeding). All rights reserved. Thanks! It outlines specifically what the prosecutor intends to prove at trial. If you don't get it corrected then obviously your father will have a mess on his hands. Click here to find out the exact steps on how to beat your speeding ticket even if you know absolutely nothing about the law. The answer is sometimes if the error is also found on other supporting documents needed to establish a traffic offense. You will need to show up to court and explain it, and in doing so ask for traffic school. 1. Terms of Service apply. If an officer forgets to fill out a section when writing the ticket, the missing data can have your citation dismissed. Officer flagged me down in a speed trap, issued me the ticket and I was on my way. However, general misspellings, such as your name or address, will not do any harm to the officer's case against you. Although the Justice of Peace is required to cancel the traffic ticket in case of a fatal error, at most times, they fail to do so, and your attorney may have to file an appeal. I have heard of one or two extreme cases where massive errors on tickets apparently caused the tickets to go away. Searching for the term what makes a citation invalid and clicking on one of the first results that came up brings up some inaccurate results. If you are charged based on the ticket number that was given to you, you would point out all the errors that are wrong, and especially that there was no drivers license number and no signature. As mentioned, if the spelling of your name is wrong, your case may not still be dismissed. +++ This is not legal advice, only my opinion +++. These are legal proceedings and we cant promise you that every case will end in our favor. Unread post Parking tickets are issued to a vehicle, not a person. Name Wrong On Speeding Ticket - What to do? define('DISALLOW_FILE_MODS', true); Learn How to Beat a Speeding Ticket without Expensive Lawyer Fees. and our A traffic offense summons will contain a notice of: Most clerical mistakes in a traffic citation will simply be corrected, without dismissal, by a judge. Most drivers are scared to leave tickets unpaid, especially when the scam insists you may be sent to collections, lose your car, or even be arrested. I received traffic ticket, but my full name is XXXXX XXXXX wrong on it. You will need a competent and experienced traffic attorney to represent you in court. No legal advice is being provided. (7) it must conclude with the words Against the peace and dignity of the State and, if the offense charged is an offense only under a municipal ordinance, it may also conclude with the words Contrary to the said ordinance. Mind you, I never received any notices. The top of the ticket contains the name and address of the offender, as well as information about the vehicle being driven and then the alleged traffic violation. They don't really harm you in any way. It's not brown, it's taupe! We do not recommend that anyone substitute anything they read or learn on the internet for personal legal advice from competent legal counsel. Unread post Why Should You Hire a Speeding Ticket Attorney? But receiving a citation that lists incorrect information can be even more frustrating. (f) If the defendant does not object to a defect, error, or irregularity of form or substance in a charging instrument before the date on which the trial on the merits commences, the defendant waives and forfeits the right to object to the defect, error, or irregularity. I have even seen traffic tickets where the officer wrote the wrong citation number for the accused violation. It is possible that the law may not apply to you and may have changed from the time a post was made. You'd show up late but the court would probably forgive you since you had good cause. How else would you give someone a ticket who has never had a licence? Failing to stop at a pedestrian crossing, Reversing on a divided high-speed road, Driver failing to ensure that a passenger less than 23 kg is properly secured, Driver failing to ensure that a passenger under 16 years is wearing a seat belt, Driver failing to ensure infant/child passenger is properly secured, Exceeding the speed limit by 16 to 29 km/h, Driving through, around or under a railway crossing barrier, Failing to obey a stop sign, traffic control stop/slow sign, traffic light or railway crossing signal, Failing to obey the directions of a police officer, Driving the wrong way on a divided road, Failing to report a collision to a police officer, Improper driving when road is divided into lanes, Going the wrong way on a one-way road, Driving or operating a vehicle on a closed road, Crossing a divided road where no proper crossing is provided, Failing to slow and carefully pass a stopped emergency vehicle, Failing to move, where possible, into another lane when passing a stopped emergency vehicle, Improper use of high occupancy vehicle lane, Motor vehicle equipped with or carrying a speed measuring warning device, Exceeding the speed limit by 30 to 49 km/h, Driver of a bus failing to stop at an unprotected railway crossing, Exceeding the speed limit by 50 km/h or more, Failing to remain at the scene of a collision, Failing to stop when signaled/requested by a police officer, Police Firearms and Less-Lethal Equipment, Other Ontario Provincial Acts Related to Traffic, Commercial Vehicle Safety Alliance (CVSA), Newfoundland And Labrador: Highway Traffic Act, Northwest Territories: Motor Vehicles Act, Prince Edward Island: Highway Traffic Act, PART 4: Licences - Driver, Driving Instructor, Wrong Name, Wrong Address, Wrong Gender, No Dl# On Ticket, Re: Wrong Name, Wrong Address, Wrong Gender, No Dl# On Ticke. Wrong name on traffic ticket misspelled last name Is It Legal To Obscure Your License Plate? It does certainly sound like there was a problem with the copy of the ticket that you received. Some common strategies include arguing: The Officer's Observations or Subjective Conclusions No drivers license also means it is a fatal error. The content of this post is not legal advice. Okay so Ive read a bunch of these but a lot of the name issues were a simple typo. by: Decatur on Thu Jan 05, 2017 10:48 pm, No signature on an electronic ticket is not a fatal error. If you disagree with any part of this disclaimer, do not use our website. In any case, we still do recommend looking over the ticket carefully.