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-   -   A new twist on my ticket....he filled it out wrong. (http://www.the370z.com/nismo-370z/63356-new-twist-my-ticket-he-filled-out-wrong.html)

DCNISMO 11-17-2012 08:32 AM

A new twist on my ticket....he filled it out wrong.
 
So, looking closer at the ticket as I was going to mail it in this morning.....the cop placed the date of the DC license in the space thats supposed to be my birthday..........He filled it out wrong and gto the other stuff correct.......so do I now plead NOT guilty and go to court? Anybody have a answer? I need to send this in soon.....Its not filled out properly.....I have seen them get thrown out for this before....

jpritche 11-17-2012 09:32 AM

Not 100% sure. The cop put the wrong speed/ wrong category of speed and didn't specify what he used to clock my speed with so I'm sure mine will get thrown out. I am just going to appear in court on the date and time specified and plead my case.

Hotrodz 11-17-2012 11:20 AM

I need to say that I am not a lawyer and I am not providing you with any advice, just my opinion based on my experience. First off Motordyne has published a book on how to deal with traffic citations. I have only skimmed some of the sections but it does a good job of explaining a persons rights in court and how to ask and answer questions. IMO, I would plead not guilty and go to court. The wild card in civil cases is the Judge (same in criminal cases w/o a jury). The short story long is if the officer made a simple mistake on filling our the citation how can anyone be sure if anything he did from initial contact was done as he/she stated. Did the officer calibrate the radar gun appropriately, was the speed from another vehicle cleared, if pace was used, was the right speed captured and so on with ever step the officer took. You want to present all things which that lead to doubt or lack of competency. Good luck with your decision.

DCNISMO 11-17-2012 11:51 AM

That's what I'm leaning towards. The officer filled it out wrong so the rest is suspect to being wrong too.

Hotrodz 11-17-2012 02:15 PM

10-4, let us in on the verdict!!!

Nillaz 11-17-2012 02:26 PM

Fight it if you like, but you're probably not going to get a dismissal on these grounds. There are usually contingencies for these types of situations. It varies from jurisdiction to jurisdiction, but most judges will accept minor errors like this in good faith.

If it was a blatant or brazen error...say, your vehicle is recorded on your ticket as a green F150 when you drive a red 911 turbo you'd easily get it thrown out. Unfortunately in this instance I have a feeling you're pissing in the wind.

bigsix 11-17-2012 02:29 PM

I just plead 'not guilty' for not stopping at a stop sign. . . I go back for trial for which i'll present evidence (pictures) of the angle at which the police officer would have seen me pull away from the stop sign. He would have been unable to see me stop in front of the sign b/c of a fence blocking the angle.
Good luck to you: what is your ticket for DCNismo ? ?

frost 11-17-2012 02:29 PM

Quote:

Originally Posted by Nillaz (Post 2020523)
Fight it if you like, but you're probably not going to get a dismissal on these grounds. There are usually contingencies for these types of situations. It varies from jurisdiction to jurisdiction, but most judges will accept minor errors like this in good faith.

:iagree: This isn't TV, judges don't throw things out because of minor errors.

fuct 11-20-2012 11:40 AM

Quote:

Originally Posted by Nillaz (Post 2020523)
Fight it if you like, but you're probably not going to get a dismissal on these grounds. There are usually contingencies for these types of situations. It varies from jurisdiction to jurisdiction, but most judges will accept minor errors like this in good faith.

If it was a blatant or brazen error...say, your vehicle is recorded on your ticket as a green F150 when you drive a red 911 turbo you'd easily get it thrown out. Unfortunately in this instance I have a feeling you're pissing in the wind.

:iagree: also. ive had my name misspelled before and the judge laughed about it. it has to be completely wrong before he throws it out.

DCNISMO 11-20-2012 11:44 AM

Well I sent it in asking for a hearing. I doubt I get a court date till the spring.


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