6 errors on ticket

[elway71]

I was issued a citation for allegedly rolling a stop sign last night. Th officer made multiple errors on the ticket; wrong date of violation, wrong eye color, wrong color of vehicle (wrote black when truck is bright red), wrong date of birth, wrong geographic location, and where it asks for sex he wrote W/M (what does he need to have my race on the ticket for? Dekalb county Ga is known for black on white discrimination). Do I have any chance of getting this thrown out if I fight it?

[JETX]

Originally Posted by elway71

Do I have any chance of getting this thrown out if I fight it?

Normally, any one or even two of those errors would not be sufficient to warrant a dismissal. However, with that many errors, a skilled attorney could likely show the court that the citation itself might also be an error.

[elway71]

My court date is also on a Saturday. The court isn't even open Feb 14. so that makes it 7 errors.

[FlyingRon]

Originally Posted by zudnic

. Ignoring with this many errors is totally justified.

Are you smoking something? What makes you think this would be a valid strategy even in California? In Georgia, "ignoring" it will result in you being found guilty. You will be liable to pay the ticket. If you fail to pay the ticket, your license will be suspended. Since you ignored it you'll lose all your ability to challenge or appeal.

Errors on the ticket are by themselves not going to get you off. You have to first argue you didn't commit the violation and then perhaps you can use the shoddy paperwork as an indication that the cop was mistaken in his observations. Nice try on that.

[elway71]

The court date is clearly the 14 of feb. which is a saturday. If I show up on that day then I am not ignoring the ticket, the court would be the absent party wouldn't they?

[seniorjudge]

Originally Posted by zudnic

...

Maybe Georgia has common sense considering federal traffic laws established the non-criminal eliment in the late sixties and from 1977 to 1981 most states decriminized most traffic citations.

...

zud, do everyone a favor and include in each of your posts that you have no idea what you are talking about.

[racer72]

Originally Posted by elway71

The court date is clearly the 14 of feb. which is a saturday. If I show up on that day then I am not ignoring the ticket, the court would be the absent party wouldn't they?

Wrong. You call the court and give them a chance to correct the error. Lots of folks have done this then come to these forums when they were busted for driving on a suspended. There is a common phrase, two wrongs don't make a right. The first wrong can be fixed, the second wrong results in getting screwed. You are committing the second wrong.

[elway71]

Originally Posted by racer72

Wrong. You call the court and give them a chance to correct the error. Lots of folks have done this then come to these forums when they were busted for driving on a suspended. There is a common phrase, two wrongs don't make a right. The first wrong can be fixed, the second wrong results in getting screwed. You are committing the second wrong.

Cool, just asking.

Originally Posted by seniorjudge

zud, do everyone a favor and include in each of your posts that you have no idea what you are talking about.

Have you read America's Highways 1776-1976, Federal Highway Administration, Washington, D.C., 1976? And are you aware that federal laws on highways, motor vehicles and even driver's license, have existed since 1916. As a result of those many laws by 1976 the federal government decriminalized most traffic infractions? Hence the non-resident violator compact and driver license compact concepts born in 1977. Plus the 30/40SCOTUS case law cites one could list and argue their license suspension violated due process. Hence why most states ensure that person is really guilty of the past citation they FTA on.

Fact is its really not that big of a deal. Even more so when their non-criminal traffic citations do not hold up as evidence on another criminal traffic matter, ie driving while suspended.

[Jim_bo]

I don't agree with most of what is posted here (except for the fact that Zud give the WORST advice ever).

When you are given a ticket, you are being charged with violating a specific statute and a particular time and location.

An example I recently used was: say you robbed the 1st national bank. You were arrested and charged with robbing the second national bank. Although you were guilty of bank robbery... you are NOT guilty of the crime you are accused of.

So, wrong location and wrong date? Just offer evidence (i.e. a friend's testimony) that you were not at that location on that date. Wrong birthdate and eye color? He must have been charging someone else.

For God's sake... how hard can it be? Your birthdate and eye color are printed on your license! This pinhead cop should be held to some standard before he goes out to hold the public to a standard.

[elway71]

Originally Posted by Jim_bo

I don't agree with most of what is posted here (except for the fact that Zud give the WORST advice ever).

When you are given a ticket, you are being charged with violating a specific statute and a particular time and location.

An example I recently used was: say you robbed the 1st national bank. You were arrested and charged with robbing the second national bank. Although you were guilty of bank robbery... you are NOT guilty of the crime you are accused of.

So, wrong location and wrong date? Just offer evidence (i.e. a friend's testimony) that you were not at that location on that date. Wrong birthdate and eye color? He must have been charging someone else.

For God's sake... how hard can it be? Your birthdate and eye color are printed on your license! This pinhead cop should be held to some standard before he goes out to hold the public to a standard.

Amen, You deserve a Gold Star!!!!

[Zigner]

Originally Posted by zudnic

A traffic ticket if a notice to appear has no criminal penalties to be FTA in California and most states. The criminal part comes from the DMV suspension of your driver's and if your found driving while suspended. The arrest warrant for a promise to appear law in California even say's that FTA for notice to appear is not a arrest. It can however be grounds to bring you before a magistrate. Its rare for the police to arrest someone on a driving while suspended, you more than likely will get a promise to appear, that one if you FTA will result in a arrest warrant.

Comparing FTA on a non-criminal traffic citation to bank robbery is factually ridiculous. Almost all state's have an automatic dismissal deal when the ticket is riddled with errors, that make it hard for the state to properly identify the "offender". The way the state identifies you is when you admit the cop gave you the citation notice to appear. If it's a promise to appear than yes thats a misdemeanor. FTA for a NOTICE TO APPEAR is not a misdemeanor by state law. The only time it become's a misdemeanor is when your DMV has suspended your license for FTA. If you know the system it is near impossible to get convicted. In the California like most states you can get a good cause hearing for your FTA. The burden is on the state to prove the police gave you the notice to appear. If you challebge the receiving of a past citation the STATE HAS 45 Days to prove that ticket was yours.

All state's have these due process safeguards built into the "system" protects them from police, court clerk, magistrate (judge) and DMV error. Police often write tickets to people that the statute does not apply to them.

Good cause would be going to court as directed on a Sat. when the court is clearly not open, the law in California gives you the opportunity to show good cause for going FTA on even promise to appear tickets. Going FTA on a minor ticket is NOT REALLY A CRIME so never try good cause with a notice to appear (appearing is optional). To compare it to bank robbery is flat out wrong. The procedural safeguards due process reguired by Federal Law and upheld by SCOTUS and followed by California make the suspension very easy if you have no other ticket history in your driving history. Police advice is the wrong advice any time it is given because police and also court clerks for that matter, prosecutors, etcetera procedure assume's your guilty! Based on admitting you did receive a past traffic citation. Without this admittance its near impossible to convict for the only criminal arrestable offense for FTA thats driving while suspended.

Zudnic - our OP isn't IN California. You have no clue.

[I_Got_Banned]

Originally Posted by Zigner

Zudnic - our OP isn't IN California. You have no clue.

CA... GA... Without my eyeglasses, they look the same to me so shouldn't the same advice (and eventhough it is totally erroneous) apply?