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Ticket information error

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Jayintenn

Junior Member
What is the name of your state (only U.S. law)? Tennessee

Hello from another driving award winner. I received a speeding ticket this afternoon from a cop who stated to me that I was going 45 in a 40. I doubt that I was going that fast, but it is a waste of time to argue with them. It was a large speed trap with several cops there pulling over cars three at a time and generating a lot of revenue for the city. The issue that I have is he wrote on the ticket that I was going 40 in a 45. The question I have is this enough to get this dismissed? I will verify 100% what the speed limit is Monday afternoon, but I think that it is actually 45mph. I did not mention the mistake to the cop. Thank you for you advice.
 


HighwayMan

Super Secret Senior Member
The charge can be amended in court to reflect the correct speed.

Of course, the officer may not notice the error, in which case he wouldn't be amending it and you could probably get it tossed.
 

Jayintenn

Junior Member
The charge can be amended in court to reflect the correct speed.

Of course, the officer may not notice the error, in which case he wouldn't be amending it and you could probably get it tossed.
Thanks HighwayMan,

When you say that it could be amended in court, do you mean that there is another record of the incident, other than the ticket, that could be refered back to? Are their tickets reviewed at the end of the day to see if there are errors? Since the ticket reads 40 in a 45, is there any proof that a violation was committed?
 
H

hydrocarbon1000

Guest
you need to file a pretrial motion of dismissal

Normally, I dont like these motions but it this case I would. The officer will not even be able to testify as the motion should state that the state has not filed a complaint that show any facts that support a claim that you violated any law. A dismissal should be granted.
 

HighwayMan

Super Secret Senior Member
When you say that it could be amended in court, do you mean that there is another record of the incident, other than the ticket, that could be refered back to?
Maybe - the officer should have notes and his own copy of the ticket.

If he reviews his copy of the ticket prior to trial he may notice the error and ask that the charge be amended to correct the error.

Are their tickets reviewed at the end of the day to see if there are errors?
I don't know. Each agency is different. In mine this would not be reviewed and caught. It would be up to the officer to catch it prior to trial.

Since the ticket reads 40 in a 45, is there any proof that a violation was committed?
Again, the officer should have notes. I'm not sure what else you mean by proof.
 

Jayintenn

Junior Member
Maybe - the officer should have notes and his own copy of the ticket.

If he reviews his copy of the ticket prior to trial he may notice the error and ask that the charge be amended to correct the error.



I don't know. Each agency is different. In mine this would not be reviewed and caught. It would be up to the officer to catch it prior to trial.



Again, the officer should have notes. I'm not sure what else you mean by proof.
Thank you HighwayMan

As far as proof, I am not familiar with what other records are kept during traffic stops. It is basically his opinion against mine and the documents support my opinion. Would it be best to go to court and present the ticket to the judge or is there a better approach to get this dropped/dismissed. I have had a clean driving record for years and don't want to change that, nor do I want to waste my money on this.
 

HighwayMan

Super Secret Senior Member
You have no documents that support your "opinion" - there was a mistake made on the ticket, that's all it is. You have nothing to provide the court to show that you were not speeding.

If you want the ticket adjudicated you have to find out if a personal appearance is required - I am not familiar with the procedure to fight Tennessee traffic tickets.

Chances are you will have to appear. You can then point out to the judge that the ticket, as written, does not indicate that you violated the statute since it states that you were traveling below the posted speed limit.
 

HighwayMan

Super Secret Senior Member
I'm not even reading your post, SuperLitigator. I think it's time you started minding your own business.

Jay, please ignore this character. He posts nonsense and keeps returning to the forum using different names after being tossed out.
 

Antigone*

Senior Member
The OP is being charged with a criminal act. I would suggest that all legal avenues be utilized to defend the OP. You call this "nonsense" but I call it being zealous in a defendant's defense. The facts are clear: 1) the ticket may have been miswritten (maybe the OP was going 40 in a 45 - thats what the officer attested to on the ticket) but the ticket states 40 in a 45 in any case. 2) going 40 in a 45 is not evidence of speeding 3) a motion to dismiss is available to the defendant 4) a motion to dismiss is the proper pre-trial motion to address this issue. I have had similar issues & have been successful in pre-trial motions on occasion. Judges are bound by the law & case law. In addition, it highlights the officer's inattention to detail to the courts attention. We have not talked about pre-trial discovery as well (since the time period is too short I did not address this side of litigation on a criminal case - but the OP may wish to file a request for an extension of time to allow for the motion to dismiss & to get a response from discovery requests (yet filed/served) - so if the OP wants to have a fully zealous defense, the OP may wish to explore this aspect of the case. I dont know superlitigator -- I'll look up his posts. Its possible he has left this forum due to the inability or posters to allow people to post their ideas without being attacked at every posting by government trolls. Please HWM, let me know the worst possible outcome of filing a motion to dismiss for the OP .. a simple denial of the motion, right? And the best possible outcome-a dismissal of the case. This one is a no-brainer - file the motions.
Oh come on Mr. I-am-rubber-you-are-glue :rolleyes:. You've been pegged, and we will contine to warn posters about you and your jibberish.
 

justalayman

Senior Member
Dont know an I-am-rubber etc poster ... "jibberish" to some is others "logical & educated advice". What are you qualifications to say that a motion to dismiss given the facts of the OP is "jibberish" .. have you ever been in court? Filed a case in state or federal court? I doubt it as you appear to have limited knowledge of our legal system. Do you know what a motion to dismiss is & when it is applicable? Answer this question, grecian expert: when it it appropriate & what is the basis for filing the following motions: motion to strike, motion to dismiss, motion for summary judgment, motion in limine, motion to reconsider. If you cannot answer these (and your non-answer will be considered to be the same) basic motion inquiries then you have no basis to cry about any of my postings.
well, let's play the same game with you. If you do not answer those questions asked above within 5 minutes from me posting this, we will presume you have no idea what you are talking about and should be forced to walk the plank of the USS Enterprise.

grow up or go away.


actually, I would settle with just the latter of the two suggestions. You can play childish games elsewhere.
 

justalayman

Senior Member
well, since you wished to respond as well ,, lets see if you answered the basic legal questions posed ... well, no you did not. I cannot walk the plank of the USS Enterprise as I am not in the Navy. If you can arraign this let me know. 5 min time period met. You are the Detroit Lions of this board.
you failed to answer so I guess you do not know the answers.

there are ways to board a Naval ship without being in the Navy but just to save you the trouble, we'll accept you jumping from an bridge equally as high above the water as the deck of the Enterprise is. That is somewhere around 100 feet.
 

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