PAULA - Office made an error on ticket, any chance I can avoid the fine?

[NFulton]

It probably doesn't mean anything and will not matter, but I figured it wouldn't hurt to ask. I received a PAULA earlier this weekend, but the office who issued the ticket made an error on the date issued. He wrote 4/22/06 instead of 07 under "The undersigned states that on or about ___/___/____ ...the defendant did unlawfully:"

Location was Ames, Iowa. ISU Department of public safety.

Any way to get out of the $314 ticket?

Kind regards,

-NF

 

[racer72]

Your right, it doesn't mean nothing. If anything, they could claim you are a year late paying the fine and tack on additional penalties.

 

[mluscahas]

In this case yes you can do something. Under the FOIA you can request records from the city that pulled you over. (They have to call in each time they pull someone over). It doesnt have to be formal, but write a letter with the following information:

To whom it may concern:
I am writing this letter today to request information under the FOIA. I was pulled over <insert real date> and recieved a ticket. I would like to request any and all records relating to the traffic stop. Including, but not limited to: Date, Time, Nature of incident, Officer(s) name, and final result (type of ticket issued, etc).

Thank you,
<Your name>
<Your address>
<License Number (It helps to have this )>
<DOB> (Also not neccessary but good to include)

Take that with you to court, and when you goto fight it, tell them no that it is false. Most tickets have at the bottom
(Typed) I declare under penalties of perjury that the statements above are true to the best of my information, knowledge, and belief. (Signature) [yes that was taken right off a ticket in my pocket].

IT should get dismissed on that technicality. If not, you can decide to plea Not Responsible (its a C/I, not a misd), and get a date. When the cop shows up (he has to) you can ask him, what day it is. If he answers correctly, say "Do you know what day it is all the time?" Officer, Is this the ticket you handed me ? Show it to him, He might say he has a copy and will look at his. Tell him, thank you for confirming it, now could you please read the date on that ticket. According to this, you have certified under penalties of perjury that I was <whatever the ticket was> on <what date is on the ticket>. Ok so we have determined that today is <whatever date it is> that would mean that under <insert state> that I haven't paid the ticket in almost a year, my license should be suspended, and a bench warrent issued for me. There is no way that this ticket is right, and having determined this, would you say you have commited perjury ?
Your honor I move for this ticket to be dismissed on the grounds that it was written with false information.


Ok theres an idea, maybe a little over kill though.

 

[racer72]

In this case yes you can do something. Under the FOIA you can request records from the city that pulled you over. (They have to call in each time they pull someone over). It doesnt have to be formal, but write a letter with the following information:

To whom it may concern:
I am writing this letter today to request information under the FOIA. I was pulled over <insert real date> and recieved a ticket. I would like to request any and all records relating to the traffic stop. Including, but not limited to: Date, Time, Nature of incident, Officer(s) name, and final result (type of ticket issued, etc).

Thank you,
<Your name>
<Your address>
<License Number (It helps to have this )>
<DOB> (Also not neccessary but good to include)

Take that with you to court, and when you goto fight it, tell them no that it is false. Most tickets have at the bottom
(Typed) I declare under penalties of perjury that the statements above are true to the best of my information, knowledge, and belief. (Signature) [yes that was taken right off a ticket in my pocket].

IT should get dismissed on that technicality. If not, you can decide to plea Not Responsible (its a C/I, not a misd), and get a date. When the cop shows up (he has to) you can ask him, what day it is. If he answers correctly, say "Do you know what day it is all the time?" Officer, Is this the ticket you handed me ? Show it to him, He might say he has a copy and will look at his. Tell him, thank you for confirming it, now could you please read the date on that ticket. According to this, you have certified under penalties of perjury that I was <whatever the ticket was> on <what date is on the ticket>. Ok so we have determined that today is <whatever date it is> that would mean that under <insert state> that I haven't paid the ticket in almost a year, my license should be suspended, and a bench warrent issued for me. There is no way that this ticket is right, and having determined this, would you say you have commited perjury ?
Your honor I move for this ticket to be dismissed on the grounds that it was written with false information.


Ok theres an idea, maybe a little over kill though.

Hope you realize the above is a load of crap?

1. The FOIA does not apply to police reports. They are not public information.
2. There are 2 ways to get information to fight the citation, the FOIA is not one of them. They are called discovery and subpoena.
3. Where exactly in the OP's post did he state he was pulled over? He didn't.
4. The date was not an element of the offense and will not make the ticket defective. The statute the OP was cited under does not require a correct date on the citation.
5. Your little court room drama will not work. Perjury is is willfully giving false testimony. I would bet a lot of money the officer did not put the wrong date on purpose. An error does not come close to the definition of perjury.
6. If the OP does decide to contest the citation, it would not be surprising to find that the officer discovered the wrong date and corrected the citation and his report.
7. I give the odds of anyone beating a ticket with your advice at 1000:1. I give the odds of the OP even coming back to read your post at 100,000:1.

 

[mluscahas]

Hope you realize the above is a load of crap?

1. The FOIA does not apply to police reports. They are not public information.
2. There are 2 ways to get information to fight the citation, the FOIA is not one of them. They are called discovery and subpoena.
3. Where exactly in the OP's post did he state he was pulled over? He didn't.
4. The date was not an element of the offense and will not make the ticket defective. The statute the OP was cited under does not require a correct date on the citation.
5. Your little court room drama will not work. Perjury is is willfully giving false testimony. I would bet a lot of money the officer did not put the wrong date on purpose. An error does not come close to the definition of perjury.
6. If the OP does decide to contest the citation, it would not be surprising to find that the officer discovered the wrong date and corrected the citation and his report.
7. I give the odds of anyone beating a ticket with your advice at 1000:1. I give the odds of the OP even coming back to read your post at 100,000:1.

Haha it doesn't does it ? How come then i was able to call dearborn heights and under the FOIA get all information pertaining to it ? Also I was able to call westland and obtain information from them, for just a "traffic ticket". Police reports are indeed public information, or atleast to those who are directly involved with them. And actually Perjury is lying or making verifiably false statements under oath in a court of law.
Is it verifiable, yes it is, based on police station records.
Cops are not allowed to "ammed" and i use that word because u said corrected on his report. There is no report filed for a ticket, it is a straight ticket. That ticket constitutes a police report. Therefore once signed, and the defendant is given his copy, there can not be any alterations. Doing so would be considered tampering with evidence

 

[moburkes]

Since when is a traffic ticket a police report? Since when does something that happened once in MI, have to do with a traffic ticket in IA?

Are you really saying that, when the police officer mistakenly wrote the wrong year, he was committing PERJURY?

Since when is a traffic ticket evidence?