Wrong date on traffic ticket: Can I fight it on technicality?

This is a discussion on Wrong date on traffic ticket: Can I fight it on technicality? within the Traffic & Speeding Tickets forum, part of the CRIMINAL LAW, ARRESTS, TRAFFIC TICKETS category; i got pulled over and issued a speeding ticket, however the ticket has the wrong date on it.it was issued ...

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Old May 12th, 2011, 03:10 PM   #1
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Default Wrong date on traffic ticket: Can I fight it on technicality?

i got pulled over and issued a speeding ticket, however the ticket has the wrong date on it.it was issued on 5/12/11 and the officer wrote 5/10/10. now my question is can i fight it on technicality because of the wrong date?
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Old May 12th, 2011, 09:38 PM   #2
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i got pulled over and issued a speeding ticket, however the ticket has the wrong date on it.it was issued on 5/12/11 and the officer wrote 5/10/10. now my question is can i fight it on technicality because of the wrong date?
All you have to do is prove with evidence that on the date and time in question you were at another place and could not have been speeding at that spot on 5/10/10.
Good luck in court.
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Old May 13th, 2011, 12:18 AM   #3
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Default re: Wrong date on traffic ticket: Can I fight it on technicality?

Generally minor/clerical mistakes on the traffic tickets will not be entertained by the Courts. But that doesn’t mean that the person charged cannot question/challenge the ticket. You can defend the ticket on by taking the plea of alibi that means you were in some other place during that date and time. An officer is presumed to be careful in filling the traffic ticketing forms. If the court finds that the error is grave , it will directly dismiss the ticket.
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Old May 13th, 2011, 06:44 AM   #4
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Default re: Wrong date on traffic ticket: Can I fight it on technicality?

I rarely disagree with the very learned Lexus, but a traffic ticket is a sworn statement by the officer and the date of the infraction is important -- as is the precise speed over the limit. It is not something a clerk fills in and can make a typing error on.

When the officer signs that ticket he is swearing on that date he saw that person commit that infraction. I have challenged many a traffic ticket in my younger lead foot days and I would relish taking this one to court if I were the one charged.

I stick by my initial reply. Gather the proof you were elsewhere and give it a go. If the judge wants to dismiss the error on date, you at least have the door open to challenge the officer's credibility on the alleged speed. If he wasn't awake and aware enough to know what day it was, what is to say he was keen enough to accurately observe and document the speed. If it was radar, how can one be sure it was your car and not another? Was he at end of shift? Double shifting?

The officer left the door wide open to challenge this ticket by making what I consider a serious error.
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Old Jun 10th, 2011, 11:15 PM   #5
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Generally minor/clerical mistakes on the traffic tickets will not be entertained by the Courts. But that doesn’t mean that the person charged cannot question/challenge the ticket. You can defend the ticket on by taking the plea of alibi that means you were in some other place during that date and time. An officer is presumed to be careful in filling the traffic ticketing forms. If the court finds that the error is grave , it will directly dismiss the ticket.
My suggestion is coupled with nearly four decades worth of experience. Plead "Guilty With An Explanation." Then explain, "As I am aware of my right to dispute the validity of the ticket's date of issue, I am also aware of the potential consequence of comit'g perjury". [ Sorry, battery is dy'g, so u gt shrthnd vrsn ]. Thn go on 2 expln, "I would nevr thnk 2 lie to you, your honor. I did in fact get pulled ovr by Officer (insert citing oficr's name) for (insert charge). Howevr, the date in question is incorrect. I would like to ask the court to believe in the possibilty of multiple clerical errors, since I believe that I can prove there to be at least one." Then, be silent. Allow the judge to speak. You will be surprised. Your infraction wil be adjusted monitarily. Lower. Not higher. Possible dsmsl. If before judg rendors (he/she) asks a question. Be honest and STRAIGHT TO THE POINT. No emblshmnt in your responses whtsoevr. Questions equal "Test", to determin yr trustworthyness. Any jdg worth his/her salt knows 'Never ask a question u dnt already know the answer 2'. Judges are not police officers, they are two dif. mind-sets. Trust me.

ESTERLUST.
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Old Jun 11th, 2011, 04:06 AM   #6
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Default Re: Wrong date on traffic ticket: Can I fight it on technicality?

"Guilty with an explanation" is what amateurs before the court usually do. The judge usually smiles and convicts.
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Old Jun 13th, 2011, 02:47 AM   #7
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"Guilty with an explanation" is what amateurs before the court usually do. The judge usually smiles and convicts.
Amateur? Yes. At the risk of encouraging a debate, I will simply reiterate that surprisingly, "Honesty is in fact the best policy", especially w/ regard to comparibly minor offenses. Believe me, "amateur" is precisely the image want to present to the court/judge. Again, any judge worth their salt will be able to see right thru your story (a.k.a. feable attempt at side stepping the law via technicality). More respect/consideration will be given to a defndnt before a judge who at the very least seems to posess an up to par level of integrity. A "technicality" is most effective in proving innocnc/reduc'g fine(s) when it is treated as an "introduction" to the possibilty of additional "technicalities" that may exist - thereby "introducing" that very "shadow of a doubt" we've all heard tell about... vs. treating the technicality as the tell tale sign (in and of itself) that the court would "conclude" your innocense. Do not take the truth for granted, nor underestimate its potential influence over the very men/women who any one of us could find ourselves standing before (for some "minor" incident or another) in a court of law one day.
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Old Mar 6th, 2012, 03:03 PM   #8
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Default Re: Wrong date on traffic ticket: Can I fight it on technicality?

I just got a traffic fine for no insurance, while i was keeping the officer talking i got my family member to insure the vehicle. He did not tow it or crush it luckily, BUT he gave me a £200 fine and 6 points on a ticket. NOW he filled out the ticket wrong, my vehicle is a CB250 with 238cc's, he put down it was a 125cc. everything else is correct including the registration. Can i contest this due to his error on the traffic ticket ?
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Old Jun 8th, 2012, 03:50 PM   #9
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I was given a speeding ticket on the 7th of June and the officer wrote it for the 7th of July. Would this be enough of an error to bring doubt to the credibility of the ticket/officer who wrote it?
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Old Sep 21st, 2012, 11:39 AM   #10
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Default Re: Wrong date on traffic ticket: Can I fight it on technicality?

It is a faulty summons and can be thrown out - call an attorney promptly.
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