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Wrong name on Open Intox ticket

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scaredsilly

Junior Member
What is the name of your state? MI. I received a ticket for Open Intox and on the ticket they do not have my full correct name on stated on my State ID I gave the officer. Is there anyway I could fight the ticket based on this? The first and last name are correct, but the middle name is completely wrong. Anyone know?What is the name of your state?
 


Shay-Pari'e

Senior Member
Never mind, apparently you can be.
scaredsilly
Junior Member Join Date: May 2006
Posts: 2

Open Intox Ticket While on Probation for DUI

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What is the name of your state? Michigan. I am currently on probation for my second DUI. Over the weekend, I was riding in a vehicle where people had open beer, yet I was not drinking. There were 3 of us in the vehicle that night. Everyone received an Open Intox ticket. Is there any way I could fight this because I was not drinking and the cops never asked me if I was drinking nor was a breathalyzer done on me? Since I do not have my drivers license, there was no way I could have driven the vehicle that night. Will this be considered a violation of probation? I have been in treatment since September of 2005, with my final session scheduled for 5/24/06 and I am attending 2 AA meetings a week. What should I do? Please help me out. I am very scared that I am going to go to jail for volation of probation, which I so do not need right now.
 

outonbail

Senior Member
Did you sign this citation?

Does it have all your other information? Birth date, DL number, address and possibly a physical description?

A typo does not void the ticket or prove your not guilty of the charges listed on the ticket.

But, if you believe this name mistake is enough to convince a judge that your innocent, or it will result in the charges being invalid, then just throw it in the trash. Make sure you do not appear in court on the date your supposed to. Then when the police pick you up on a warrant for failure to appear, you can claim you never received a ticket. Then when they show you a copy in court, you can claim the middle name is wrong!

However, I don't have any idea how you will ever explain how all the other information is correct and the fact that you signed it, if you weren't the one to receive it.

But hey, give it a whirl and let us know how it turns out,,,,, when you get out.
 

AustinLawyer

Junior Member
Scaredsilly: This is a common question from folks who get tickets. Basically it can be rephrased as "Will I get out of the ticket based on XYZ information being incorrect on the handwritten ticket itself?"

The answer, invariably, is no, at least, in Texas where I practice. Unless the court system uses the ticket itself as the charging instrument, then there aren't going to be any legal technicalities that "get you out of it" based on wrong information on the ticket. The charging instrument is just a piece of paper that gets filed accusing you of a crime. In a felony it's called an indictment; in a misdemeanor, it's often called a complaint and/or an information.

Also, the general rule in most states is probably going to be that pleading the Defendant's name incorrectly won't be of any benefit to the defendant, or do any harm to the state's case. The state is not required to prove what your name is (this makes sense, otherwise you could get out of just about anything by lying about your identity). They only have to prove that the guy sitting in the chair at the defense table (either the one representing himself, or the one sitting next to the spiffy looking defense lawyer), is the one that committed the offense.

AustinLawyer
 

ceara19

Senior Member
scaredsilly said:
What is the name of your state? MI. I received a ticket for Open Intox and on the ticket they do not have my full correct name on stated on my State ID I gave the officer. Is there anyway I could fight the ticket based on this? The first and last name are correct, but the middle name is completely wrong. Anyone know?What is the name of your state?
This is your THIRD alcohol related offense. There is a good chance that the ticket will be dismissed all together when your probation is revoked and they send you to PRISON!
 

scaredsilly

Junior Member
I was riding in a vehicle that had open beer, none of it being mine. I was not drinking at the time either and no sobriety test were done on me. I do not have my drivers license, so I could not have legally driven the vehicle. Tickets were given to everyone in the vehicle, which I think is not fair at all.
 

ceara19

Senior Member
scaredsilly said:
I was riding in a vehicle that had open beer, none of it being mine. I was not drinking at the time either and no sobriety test were done on me. I do not have my drivers license, so I could not have legally driven the vehicle. Tickets were given to everyone in the vehicle, which I think is not fair at all.
You were already on probation for an alcohol related offense! Did you not read the term of your probation??? You are not allowed to even be in the PRESENCE of alcohol while on probation. It doesn't matter WHO the alcohol belongs to or if you were drinking it. People have had their probation revoked for shopping in stores that SELL alcohol. You were voluntarily in the presence of alcohol. There's no way to get around it.
 

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