Fighting a ticket

[scampton]

What is the name of your state (Kansas)?
My daughter who is 16 received a speeding ticket the day after the alledged offense occurred and the date on the ticket has been altered. Do we have a case worth fighting in traffic court? The date of the so called offense was the 8th and she was pulled out of class on the 9th and presented the ticket.

 

[enjmabe]

What was the ticket for and does she have any priors. I would not get an attorney if she has a clean driving record, they dropped mine out of court, I just had to pay court costs, good luck and I am no attorney , so do your research, there are a lot more experienced people in this forum, just post more details.

 

[scampton]

I stated the ticke in the body of the question. The ticket was for speeding.

 

[enjmabe]

How much was she goiing over the spped limit and does she have any prior traffic violations. This will make all the diffrence when she goes to court.

 

[enjmabe]

P.S. I had a similar situation, I tried to fight the fact that the officer had not even signed the ticket , I still had to pay court costs, but I had no priors.

 

[scampton]

We are being told 30 in a 20. No priors. As far as I am concerned whether she did or didn't have priors of which she does not the fact that this officer altered the date ond also gave her the ticket that day after is why I feel we should fight it.

 

[enjmabe]

I think you have a ligitament reason, so go to court and state your case. If she has no priors and since it was only 10 miles over, I think it will more than likely be dismissed, you will prob only have to pay court costs, if that Good Luck and try not to worry, I think things will work out for the best!

 

[Maestro64]

First off, why was the ticket being issued a day later, who issue the ticket to her and why did they do so in school and not your home. To me this sounds very fishy all the way around.

The next question who observed this so call violation and how did they measure the speed. If it was an officer why wasn't she immediately pulled over. Since it was day later how do they know they got the correct person, I am assuming the car is not registered to her since a 16 yr is not allowed to own and register a car. So they supposedly observed a car going over the limit and most likely the only information they had was make, color and license plate number which should have had the ticket sent to the registered owner.

So, either their is more information your not sharing or something else is going on. If it is the scenario I presented above you can win if you know how to present your case.

 

[scampton]

Maestro:

No there is nothing I am hiding. Everything you are questioning is why we are wanting to fighting the ticket. Our daughter did sign the ticket and I asked her why she did and she said she was afraid she would get in trouble for not signing it and she needed to get back to class. This officer is assigned to her high school and yes it does sound very fishy and not kosher at all. Yes it was by observation and nothing else. As I have said I am not hiding anything more and I have a daughter that is scared to death and also pissed that she was called out of class. Two of her friends also confirmed that she was called out of class and given the ticket. She was humiliated by this as well. The ticket also has the car wrong. She drives a mercury sable and on the ticket it states a 1993 Ford 4-dr sedan and no model is given. I am not sure how to properly present this case other than just state what has been stated here.

 

[Maestro64]

You do not have to present anything, the officer is required to present evidence on how he determine the speed of the car and who was driving. The fact that there is time lag between the offense and the ticket being issue allows you to through doubt on the officer ability to say he ticketed the right person and in fact got the right car. The chain of evidence was broken, he can not say with certainty the person he hand the ticket was in fact the person who was driving at the time. It sounds like he should have found the owner of the 1993 ford not a the Mercury you have.

 

[Zigner]

Maestro:

No there is nothing I am hiding. Everything you are questioning is why we are wanting to fighting the ticket. Our daughter did sign the ticket and I asked her why she did and she said she was afraid she would get in trouble for not signing it and she needed to get back to class. This officer is assigned to her high school and yes it does sound very fishy and not kosher at all. Yes it was by observation and nothing else. As I have said I am not hiding anything more and I have a daughter that is scared to death and also pissed that she was called out of class. Two of her friends also confirmed that she was called out of class and given the ticket. She was humiliated by this as well. The ticket also has the car wrong. She drives a mercury sable and on the ticket it states a 1993 Ford 4-dr sedan and no model is given. I am not sure how to properly present this case other than just state what has been stated here.

A Mercury IS a Ford

 

[Who's Liable?]

A Mercury IS a Ford

MANUFACTURED by Ford, however the MAKE and MODEL of the vehicle is a Mercury Sable which is what the officer USUALLY writes down on the ticket.

In fact a Ford Taurus and a Mercury Sable look almost identical, there are a few differences, and most people would not know the difference until they saw the badging on the vehicle.

In this case the officer MUST have the correct MAKE & MODEL on the ticket.