NY speeding ticket - error on ticket

It's unlikely that a NY court will consider the wrong make of vehicle to be a fatal error. You'd stand a much better chance if the wrong color was recorded. (see the thread NJ - 67 in a 45 - errors on mailed summons )

It's reasonable that a cop might make a mistake transcribing from a registration, and he's not expected to be able to visually identify every make and model of car on the road. He should, however, know the difference between colors.

The ticket is still valid and enforceable. Errors on it are only useful in challenging (cross-examining) the officer at trial. i.e. If he can't figure out what make car you were in, how reliable is he in general?

You Are Guilty said:

The ticket is still valid and enforceable. Errors on it are only useful in challenging (cross-examining) the officer at trial. i.e. If he can't figure out what make car you were in, how reliable is he in general?

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Few questions:

I just want to verify to and understand what you have indicated above.

1. If the officer during the trial indicates my car as an Audi and I was driving an Acura this can either decrease the ticket fee or make the ticket invalid?

2. If this is the case should I plea not guilty?

3. And after the officer states the incorrect model of the car, What do I tell the judge?

thanks again for all your help, out there!!!!!

acuragirl said:

Few questions:

I just want to verify to and understand what you have indicated above.

1. If the officer during the trial indicates my car as an Audi and I was driving an Acura this can either decrease the ticket fee or make the ticket invalid?

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It can inasmuch as if the officer doesn't have any independant notes, and only reads information off the ticket, you will have a good area for cross exam.

2. If this is the case should I plea not guilty?

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That is your right, but you would have to appear in court for the hearing, and cross examine the officer. Some people don't like public speaking too much

3. And after the officer states the incorrect model of the car, What do I tell the judge?

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Well, you want to lock the officer into saying as many provably incorrect things as you can - wrong color, make, year, etc. Once he does, you whip out your registration which shows the correct information, (bring a copy as well) and have the copy marked into evidence. Then request the judge dismiss the ticket. Whether they will is a crap shoot. I'd say you have maybe a 30% chance of success. (Get a lawyer and those odds go way up).