Read along to discover how DoNotPay can help you fight your traffic ticket. And one of the most common questions I get asked during the first phone call is, "If the officer made a mistake on my ticket, will it get thrown out?" Home / Uncategorized / wrong name on traffic ticket. 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. Legal advice can only be provided after a licenced paralegal has been retained, spoken with you directly, and reviewed the documents related to your case. When you submit a question or make a comment on our site or in our law forum, you clearly imply that you are interested in receiving answers, opinions and responses from other people. After all, the ticket is simply a description of a charge against you and a notice for you to appear and answer that charge. I would guess the officer mixed up the drivers. 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. Can you post a photo of your ticket? 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. Consider some of the information on a ticket issued for a moving violation. 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? Mistakes on Traffic Tickets: License to Dismiss? Local attorneys can draw on their particular local experiences and, with travel time and expense removed from the equation, help us keep our legal fees low. define('DISALLOW_FILE_EDIT', true); You have to request a copy of the complaint. New comments cannot be posted and votes cannot be cast. You will need a competent and experienced traffic attorney to represent you in court. Parking tickets are issued to a vehicle, not a person. All information available on our site is available on an "AS-IS" basis. You can hire a traffic lawyer to determine the best strategy for fighting a ticket based on your specific violation; an attorney knows your area's specific traffic codes and how to best approach the judge. There isnt the additional information, like address, date of birth, ID number, etc. 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. Article 18 informs you that you are entitled a complaint at least 1 day prior to any official hearing taking place. Let the officer use the wrong descriptions of the location, the violation or the identification of your vehicle to the court. However, there may be some cases in which traffic ticket mistakes can help in your defense. All of a sudden, a year and 3 or so months later, my license is suspended because I failed to pay the ticket. There has been a hot debate about the accuracy of radar guns and the cameras attached to the red lights. Although my legal specialty is Lemon Law, I get a lot of phone calls about traffic tickets. This field is for validation purposes and should be left unchanged. Still, this does not mean an automatic dismissal. I am able to pay the fine now (I did not pay it or enter any info) but nothing shows up identifying that it is indeed my ticket. If you are charged based on another ticket that was given to somebody else, but not to you, then you argue that you were never served with that ticket, but were given this other ticket that was for somebody else. Reddit and its partners use cookies and similar technologies to provide you with a better experience. That information must be transposed unto the formal complaint against you. If the ticket has not been filed at that time, wait another week to call a second time. Let it finish presenting his version of the "facts." Do not object or ask any questions of the officer, during, or after it finishes giving testimony. For more information, please see our Is It Legal To Obscure Your License Plate? Read or contribute to the latest legal news in. If there is any incorrect information on the ticket, you'll probably be able to get it dismissed. But that's not how it works. The website is maintained for informational purposes only. Does your ticket do these things? (c) A complaint filed in municipal court must allege that the offense was committed in the territorial limits of the municipality in which the complaint is made. There is no Driver's license Number - it's blank. I live in Florida, where I was pulled over for speeding I was borrowing my father truck that day, he and I share the same fist and last name but have different middle names. by: jsherk on Thu Jan 05, 2017 5:29 pm. Nothing presented on the website constitutes legal advice and shall not be relied upon in any way. by: kegman1 on Thu Jan 05, 2017 4:26 pm. In that case, if that ticket was submitted to the system that way, then there is a chance it will go away. it first needs to be corrected. People wish this was the case because it would be fun to not have to pay for our driving misdeeds. Additionally, you signed the bottom of the ticket agreeing to come to court. Select whether or not you want the letter mailed to the traffic ticket issuer on your behalf! This document is actually used to prosecute you, not the ticket. Note that signing the ticket does not mean that you admit guilt. Plus, many people think that the legal system is rife with technicalities and legalese and somehow a missing comma or an extra dot can ruin an otherwise-sound case. Whether the officer forgets to fill a section out or gets called to another accident, if the missing data is crucial to the case, the citation may be dismissed. We will always honestly assess your case (both good and bad) and set realistic expectations during your consultation. You can have better chances of fighting your citation if any of these factors influence your ticket. You can be recharged via a summons for up to 6 months though this is unlikely. When a defendant shows up in court for a traffic ticket, he or she can complain about the mistaken ticket. by: OTD Legal on Thu Jan 05, 2017 4:32 pm. There are numerous issues which I would consider fatal errors but wanted the experts on this board to weigh in: The name is COMPLETELY wrong and bears absolutely no resemblance to my name. How do you handle cases statewide? So there is a strategy and timing issue related to bringing up defects in tickets and complaints. The answer is sometimes if the error is also found on other supporting documents needed to establish a traffic offense. Some common strategies include arguing: The Officer's Observations or Subjective Conclusions 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. Something I would have paid immediately had I any information other than a ticket for a guy living in a state Ive never been to. Think of it as an indictment based on the information contained in the ticket. Of course, it could also mean that the actual ticket was not handed to the driver but still existed somewhere and bad things could happen if the traffic stop were completely ignored. This is important as many states like California will add a steep civil penalty to your ticket for failing to appear on your court date without good cause. Is this ticket valid? It is simply a promise that you will appear in court on the scheduled date. Even if I wanted to pay the ticket I couldn't be certain that it was MY ticket that I was paying since there is nothing on the ticket that bears my ID. But if he does, the mistake on the ticket won't save you. The big issue is that you got someone elses ticket and possibly someone got yours! Another instance may be that the ticket indicates that you were speeding 60 at a 25 mile zone but there was no specific street put down or that you were speeding 60 at a 25 mile zone at highway X where theres actually a higher speed limit than 25, then this could get your case dismissed. Update: Ok so I went to the online payments for www.toronto.ca/POA website and the ticket was indeed filed by the cop. The name mistake was my last as my first, and my middle as my last and first as my middle. 113. The name was so messed up I never received any notices about the ticket because they didnt deliver due to the wrong name. This field is for validation purposes and should be left unchanged. When that happens, you may have a chance of fighting the ticket or having traffic ticket lawyers do so for you. Steve Lehto is a writer andattorneyfrom Michigan. Thats it! Copyright 2022, Thomson Reuters. A Notice to Owner letter must be sent within six months of the ticket being issued, and needs to include: The name of the authority enforcing the ticket; The date of the notice (the date on which the letter was posted), as well as the date on which the alleged offence was committed; The amount of the fine; The reason for issuing the ticket The directive also allows the enforcement of foreign . by: ynotp on Sat Jan 07, 2017 8:47 pm. Worst case is that you are "deemed not to dispute the ticket" and are found guilty. For this reason, it is crucial that you do your best to win your traffic case. 45.019. The only things that are correct is my car's license plate number. So if you do get a notice of conviction for a ticket, you can file for a reopening and say that the officer didn't provide you service of a ticket under s. 3(3) of the Provincial Offences Act; you just got someone else's ticket. Remember your lawyer is not a magician and for every legal argument made on your behalf, there is usually an equally compelling counter-argument that is presented to the judge by the prosecutor. by: Decatur on Thu Jan 05, 2017 10:48 pm, No signature on an electronic ticket is not a fatal error. So start with the complaint and compare to the ticket. Moderators: Radar Identified, Reflections, admin, hwybear, Decatur, bend, Unread post (e) A complaint in municipal court may be sworn to before: (2) the clerk of the court or a deputy clerk; (4) the city attorney or a deputy city attorney. First speeding ticket - what is the best option. 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. 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? 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. They don't really harm you in any way. It's not brown, it's taupe! Lets review what a complaintis and what it must have. You should strongly consider any decision to pay a ticket without fighting. If the defect is jurisdictional or based on constitutional violations and you do not bring up the issue, you can also waive your right to bring up the defect. James Medows 306 Atlantic Avenue, Brooklyn, NY 11201 Email: jamesmedows@gmail.com Phone: (917) 856-1247 You can visit the Palm Beach County Clerk and Comptrollers website and search by your name at: http://courtcon.co.palm-beach.fl.us/pls/jiwp/ck_public_qry_main.cp_main_idx You can reach them by phone at (561) 355-2996. The question beyond that would be whether or not the officer's copy to be submitted to the court was the same. That said, proving this in court is hard. that could be considered. This site is protected by While nobody enjoys paying a traffic ticket, DMV.ORG is here to make the process as pain-free as possible. New York Traffic Ticket Lawyers | Feifer & Greenberg. He specializes in Lemon Law and frequently writes about cars and the law. You should contact a local traffic ticket lawyer to see if there are other possible ways to try to fight the ticket. Well no signature means it is a fatal error. ZIP define('DISALLOW_FILE_MODS', true); Learn How to Beat a Speeding Ticket without Expensive Lawyer Fees. Going to the court and saying, The citation is wrong only alerts them that the complaint must be amended so that they have an accurate case against you. No drivers license also means it is a fatal error. Fatal Traffic Errors These are the types of traffic ticket mistakes that may or should get the ticket canceled. code or county). Unread post It is possible that the law may not apply to you and may have changed from the time a post was made. There are unfortunate times when you get pulled over for speeding then get issued with a ticket. Article 45.019 outlines what a complaint must contain. "Sorry, come back in 4 days.". How else would you give someone a ticket who has never had a licence? The people providing legal help and who respond are volunteers who may not be lawyers, legal professionals or have any legal training or experience. There are so many myths about you being exempted from the case when errors are found in the speeding ticket Wrong. The law is also subject to change from time to time and legal statutes and regulations vary between states. The only possible way this could matter is if the officer wrote the wrong appearance date on the ticket. We reserve the right to modify these terms at any time. If you disagree with any part of this disclaimer, do not use our website. If this happens, and you get notice of a conviction in the mail, then you can file an appeal. Call for a Free Consultation 1-800-248-2846 Traffic Ticket Mistakes That Will Get Your Case Dismissed in Court If you get pulled over for a traffic violation, the officer will probably issue you a traffic ticket. Meeting with a lawyer can help you understand your options and how to best protect your rights. The following are examples of minor traffic ticket errors: Incorrect location Wrongly spelling the name of a location Wrong time Improper description of the vehicle The court can make amendments to a ticket that has minor mistakes. These are legal proceedings and we cant promise you that every case will end in our favor. I spell my name "Steven" and the ticket reads "Stephen." Incorrect Details on Your Ticket Before you do anything else, take a close look at the citation you were given by the officer. The driver will need to provide proof of the correct information via official documentation from the Department of Motor Vehicles. It's that simple! If you want to legally beat each and every ticket you ever get make sure to check out the beat the system guide. Our lawyers are experienced, prepared attorneys who understand the nuances of fighting traffic tickets. Select the correct product based on your traffic ticket. mightymoose, May 28, 2010. Examining Your Ticket. They would then reschedule you for a later date. 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. 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? Here are three common errors to look for. Many of these things are. At most times, officers are often in a hurry and may fail to record all the required information. The content of this post is not legal advice. Your office is in NYC. If so, you're on the hook. However he issued the ticket under my father name, birthday and driver license number.