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Ticket missing information - invalid?

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HarmonyRoad

Junior Member
State is New Jersey.

My ticket is missing/misrepresenting some information, and I wondered if it had a chance to be dismissed. It is a speeding ticket for me supposedly going 52 in a 40mph zone. The officer failed to mark restrictions (I drive with glasses), wrote the incorrect date on the bottom of the ticket for a court appearance (2004 instead of 2005), did not mark the weather conditions/road conditions, and did not mark the Statute No. and Ordinance No. on the ticket (not sure if these are supposed to be filled in on a moving violation ticket.) It was 1:10am, and the officer clocked me while moving on the opposite side of the road, then followed me down 3 roads before pulling me over. Does this ticket/case stand a chance to be dismissed?
 
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lwpat

Senior Member
Does this ticket/case stand a chance to be dismissed?
There is always a chance, you never know what will happen in court. Your best argument would be to request dismissal because there is no statute on the ticket and you were unable to properly prepare a defense. The other items are of no significance.

Keep in mind that the officer has the option of reissuing the ticket with the proper statute number and the judge has the option of ignoring your motion.
 

HarmonyRoad

Junior Member
So that should be my first line of defense. If that fails, would my best argument be to argue that the officer apparently was in no condition to operate the radar correctly? (if he was too tired to fill out the ticket correctly, then how do I know he used the radar correctly to obtain my speed?) Or attack the moving radar directly? (He came around a curve and snapped it on...he had 2 seconds to register my speed before he passed me. Aren't Radars supposed to be calibrated just before and just after taking a speed reading?)
 

sungod916

Member
Officers to my knowledge are supposed to be tested with radar guns every so often. Not just with radar guns, but tested for guaging speed by eye.
I've heard on other forums of asking for the officer's testing history. But fat chance of that.
 

HarmonyRoad

Junior Member
lwpat said:
There is always a chance, you never know what will happen in court. Your best argument would be to request dismissal because there is no statute on the ticket and you were unable to properly prepare a defense. The other items are of no significance.
How would the missing statute number affect my preparation of my defense?

I guess I should also mention I wasn't going 12mph over the speed limit, either. Good thing there's nice inaccurate moving radar used on a curve to tell me I was.
 
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HarmonyRoad

Junior Member
Anybody know how the absence of the Statute Number would affect the preparation of the defense of my case? Or do I not need to give the judge a reason?
 

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