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Got a ticket/no info matches MO

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P

Poker

Junior Member
What is the name of your state? Missouri

I was coming home at about 1:50am. . I pull up in my drive way ,get out of the car(well almost i had the door open and was standing up). Then i see a cop and he flashes his lights at me. SO I'm like wtf... He is like do you know why I'm here. I was like uh no. Then he tells me to get back in my car and gives me a ticket for speeding(47 in a 30). On the ticket he has my plate number but, he Said that i have Blue 2dr Hyundai accord(Hyundai doesn't make an Accord :rolleyes: ). Now i have a dark purple 4dr Acura integra...

So my question :confused:

B/c non of the info on the car matches is there any way i can get out of this. The only thing he was right is the plate numbers.
 


R

racer72

Senior Member
The incorrect info does not prevent you from presenting a valid defense to the citation, it will not be dismissed because of it.
 
S

seniorjudge

Guest
"The only thing he was right is the plate numbers."

That's all the cops need.
 
P

Poker

Junior Member
fatal flaws

what about fatal flaws

The ticket acts as a affidavit or swearing where the officer swears that all the items are true. Should your car be a sedan and the ticket indicates that your vehicle was a pickup truck there is a problem because he has sworn that the vehicle speeding was a pickup however the person he gave a ticket to was in a sedan. Therefore the person that got the ticket could not have been the one speeding.



If the officer fails to sign the ticket you may have a good reason for asking for a dismissal. The reason is that the ticket represents the arrest and is the officers affidavit to the court that you committed the offense specified. If it is unsigned it has the force of a unsigned affidavit. That is it has no legal standing. The motion to dismiss would go like this. "Your Honor, Defense motions for dismissal as the affidavit containing the charge is unsigned and legally incompetent as a charge against the defendant."



The ticket describes something other then that which is: example; The type make or color of the car is wrong. You are identified as a male when in fact you are female. Stating the color as red rather then burgundy or Ford rather then Ford Cavalier is not fatal. Stating that the car is a red Toyota rather then a blue Ford is fatal.
Click to expand...
 
H

Happy Trails

Senior Member
Poker said:
what about fatal flaws
Click to expand...
What is not a fatal flaw:

*Misspelling your name
*Not having all the numbers on your license or license plate correct
*Not listing the speed measuring device used
*The color describing your car is not exactly your color, however it is close
*The make and model of car is close but not exact

Found at: http://www.tipmra.com/new_tipmra/fatal_flaws_speeding _ticket.htm

The way I see it your plates are a direct link to your car.
 
C

cjoeb

Junior Member
Here is how i see it

the term "fatal flaws" is pretty generic. you need to show your states' statute, regarding how law enforcement is supposed to complete the form, to the court and make you arguement.
in other words, if you say, "your honor i would like to make a motion to dismiss due to fatal flaws", he/she will expect YOU to make your arguement for granting the motion. be prepared to say something referring to the statute.....dont sit there and expect the judge to do it for you.
here is the arguement i will use in my case next week for the "fatal flaws" on my citation.

your honor, i wish to make a motion to dismiss because the arresting officer has violated new mexico statute 66-8-123 http://www.conwaygreene.com/nmsu/lpext.dll/Infobase4/992/1c2ca/1cf67/1cf9f/1d076?f=templates&fn=document-frame.htm&2.0#JD_66-8-123

1) my truck is brown, not silver. clearly it is inaccurate to say that the color of a brown bear is silver and the color of a silver dollar is brown.
2) the location of the violation clearly has a posted sspeed limit sign of 45, not 35 as written on the citation (i have a picture of the 45 mph posted at the intersection written on the citation).

it might work, it might not. i am just saying that you should be prepared as to not look stupid in front of the judge. the judge is there to hear the case, not defend you.

joe
 
H

Happy Trails

Senior Member
I can see 'Poker face' telling the judge, "My truck is dark purple not blue, clearly the officer should have seen that at 1:50 a.m. As for the wrong vehicle he put on my ticket, I don't know how my plates got on that car.". :p

Good luck!
 
S

seniorjudge

Guest
cjoeb said:
the term "fatal flaws" is pretty generic. you need to show your states' statute, regarding how law enforcement is supposed to complete the form, to the court and make you arguement.
in other words, if you say, "your honor i would like to make a motion to dismiss due to fatal flaws", he/she will expect YOU to make your arguement for granting the motion. be prepared to say something referring to the statute.....dont sit there and expect the judge to do it for you.
here is the arguement i will use in my case next week for the "fatal flaws" on my citation.

your honor, i wish to make a motion to dismiss because the arresting officer has violated new mexico statute 66-8-123 http://www.conwaygreene.com/nmsu/lpext.dll/Infobase4/992/1c2ca/1cf67/1cf9f/1d076?f=templates&fn=document-frame.htm&2.0#JD_66-8-123

1) my truck is brown, not silver. clearly it is inaccurate to say that the color of a brown bear is silver and the color of a silver dollar is brown.
2) the location of the violation clearly has a posted sspeed limit sign of 45, not 35 as written on the citation (i have a picture of the 45 mph posted at the intersection written on the citation).

it might work, it might not. i am just saying that you should be prepared as to not look stupid in front of the judge. the judge is there to hear the case, not defend you.

joe
Click to expand...


Joe...the judge has heard that one before. But...please post back and let us know how it turns out, okay? Good luck.
 
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