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Speeding ticket error?

Been involved in a traffic accident? Discuss traffic laws here

Speeding ticket error?

Postby artzai » Fri Jun 08, 2012 3:56 am

I received two tickets by an officer who appeared to not be very good with numbers. first he thought my license was expired but I managed to correct him on that (it doesn't expire till October, he thought it already had passed). Next he gave me a ticket for an expired registration, but I was driving my dad's car so I knew no way in hell would my dad ever not be up to date with his paperwork so I checked the registration and it doesn't even expire until august. Now the actual speeding ticket error is because he marked me for going 60 in a 45, but he appears to have checked in the box saying that I was going 21-30 miles over the limit instead of the box for 1-20 over the limit. Anyway, I have to show up in court regardless because it occurred over the border in Illinois and I'm from Indiana but what are the chances of this being thrown out?
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Speeding ticket error?

Postby delton » Fri Jun 08, 2012 3:58 am

For an error like that, no chance. The courts are generally very unsympathetic towards claims made on minor grammatical errors or ticking the wrong box. Technicalities such as misspelled names, ticking the wrong box, or a disagreement as to whether your car was grey or silver aren't likely to convince a court to do anything (except perhaps reissue the ticket with the correct info). On the other hand, an error such as saying your rego was expired when in fact it wasn't would almost certainly get that charge dismissed (but not the other charges).

The general rule of thumb is this- if you're just trying to bring up an arbitrary technicality or mistake, then the court is very unlikely to listen. If you can raise a legitimate doubt as to whether or not the offence in question actually occured, then they will probably be more sympathetic.
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Speeding ticket error?

Postby charlot22 » Fri Jun 08, 2012 4:10 am

Errors in the ticket such as you have described are not grounds for the ticket to be thrown out. The ticket is simply a notice to you of what they are alleging you are guilty of. The officer will have to testify (if you contest the ticket) as to what occurred on the specific date. His testimony is what will be used to convict you, if the Judge finds there is enough evidence that is.
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Speeding ticket error?

Postby bothan » Fri Jun 08, 2012 4:12 am

I'm from Indiana and it used to be if the officer made an error in writing the ticker, it would be dismissed. (For example, I once got a ticket for speeding on an eastbound one-way street. The officer stated on the ticket that I was going WEST on the street. The ticket was dismissed.)

Recently, I got a ticket for going 12 mph over the speed limit. Like your guy, the officer checked the wrong box (for the higher speed) on the ticket. I thought for sure the judge would throw it out! But he gave me the fine for the lesser speed since that number was written on the ticket. Had I not pointed out the error to the judge, he would have given me the higher fine for more than 20 mph over the speed limit.

When you have your 'day in court' be sure to take your Dad's current registration so as to render that violation moot; as well a point out the error on the ticket.

Good luck!
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Speeding ticket error?

Postby trucker » Fri Jun 08, 2012 4:24 am

Tell the judge you were only going 15 MPH over the limit and not the 21+

You will still be found guilty but the fine will be a $100 less
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