improperly issued ticket

[speedy40]

What is the name of your state (only U.S. law)? Georgia

I was pulled over for speeding, but the ticket/summons was issued to my brother because he collected both of our IDs. What do we do? Can the charges be dropped because the officer messed up? I know some legal documents can be invalidated if they are improperly filled out,would this be the same?

 

[speedy40]

also...

I should also point out that the ticket has MY signature on it.

 

[Jim_bo]

The ticket was not filled out incorrectly. Your brother was charged. So, your brother (and you) should go to court. Your brother should plead not guilty. His defense is simply, "I was not driving". You can corroborate his story. I doubt seriously that you will be issued a ticket at the courthouse....

 

[speedy40]

Thanks for your reply! That sounds reasonable enough. The reason I'm so weirded out by the situation is that, as i said above, MY signature is on the bottom of the ticket where it says license displayed in lieu of bail and that this is an official summons to appear in court. Does my signature mean nothing if the ticket was in fact filled out for my brother?

 

[Jim_bo]

Thanks for your reply! That sounds reasonable enough. The reason I'm so weirded out by the situation is that, as i said above, MY signature is on the bottom of the ticket where it says license displayed in lieu of bail and that this is an official summons to appear in court. Does my signature mean nothing if the ticket was in fact filled out for my brother?

Absolutely. Your brother was charged... not you. If you get to court and anyone (judge, cop, etc...) says anything about using the ticket for you, you should object saying that your brother is the only person who has been charged and is properly before the court. Furthermore, trying you for a ticket written on the spot would deprive you of the opportunity to exercise your right to prepare a reasonable defense.

 

[speedy40]

thanks!

Thanks alot mate! You definitely just made my day a bit better, and that sounds, again, perfectly reasonable. Good advice, keep up the good work!

 

[Maestro64]

Why did he collect both ID,

Yeah you could get this tossed, was all the information on the ticket your brothers like License number and address. What he can do or you can do go into court and simple say he was not the driver of the car.

Some state have a limitation on how long after the incident a ticket can be issued, if enough time passes they my not legally issue a another citation. Do not allow them to amend the ticket, that is trick they they try. Just stand on rights.

 

[speedy40]

I'm not entirely sure why he collected both licenses, he simply asked if my brother had ID and my brother then presented it to him and the cop took it back to his car. Yes everything on the ticket was my brother's information except for my signature at the bottom. I have to be at court today for this with my brother, i will post back here to let you folks know how it went. Thanks again for the advice.