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Incorrect date on speeding ticket

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M

mayurs27

Junior Member
What is the name of your state?
California

I received a speeding violation for going 88mph in 65mph zone this past Sunday, 12/30. On the ticket, the officer incorrectly put that the violation occured on 12/31 (but did circle Sunday as the day of the week, correctly). Can I fight the ticket based on the incorrect date? Thank you.What is the name of your state?
 


J

JIMinCA

Member
I don't think your odds are zero. Basically, you have been charged with committing a violation on 12/30. All you have to do is provide evidence that you were not at the location of the ticket at that date and time. You can do so in a Trial By Written Declaration. You can simply provide a statement from a person who can attest to your alibi at that time.

If you'd like to explore other defenses, let us know.
 
Zigner

Zigner

Senior Member, Non-Attorney
JIMinCA said:
I don't think your odds are zero. Basically, you have been charged with committing a violation on 12/30. All you have to do is provide evidence that you were not at the location of the ticket at that date and time. You can do so in a Trial By Written Declaration. You can simply provide a statement from a person who can attest to your alibi at that time.

If you'd like to explore other defenses, let us know.
Click to expand...
Jim is correct. However, the officer will also have the opportunity to correct the ticket (I've seen it done).
 
CdwJava

CdwJava

Senior Member
There are some judges that might be that anal, but in my experience, as long as the officer testified or articluated the appropiate day of the week and approximate time, the issue will be moot.

But, if it's all ya got, why not give it a try!?

- Carl
 
CdwJava

CdwJava

Senior Member
JIMinCA said:
Exactly,

However, I can think of a few other defenses that would likely be much more effective.
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Quite possibly.

In my case, I like the certainty of traffic school over the crap shoot of a court trial. I guess I tend to appreciate my free time too much to want to spend it in court or involved in legal maneuvering. (Hence the reason my wife opted for traffic school when she got hit for a similar speeding citation several months ago.)

- Carl
 
J

JIMinCA

Member
CdwJava said:
Quite possibly.

In my case, I like the certainty of traffic school over the crap shoot of a court trial. I guess I tend to appreciate my free time too much to want to spend it in court or involved in legal maneuvering. (Hence the reason my wife opted for traffic school when she got hit for a similar speeding citation several months ago.)

- Carl
Click to expand...

I see how many posts you make here... I know what you do with your free time!!
 
T

TinkerBelleLuvr

Senior Member
OP -

If the officer corrects the ticket, make sure that YOU get a copy of it. I had the officer 'correct' a ticket, only I didn't get a copy of the correction. I knew that where I was, there was NO stop sign. I took a picture of the location showing no sign. He 'corrected' his ticket to show a different intersection. I never received a copy of the correction. It was thrown out of court because our bill of rights (don't ask me which one) gives you a right to know WHAT you are being charged with. The magistrate threw it out on that technicality.

As someone else stated, make sure that your alibi for 12/31/07 accompanies you to court.
 
J

JIMinCA

Member
Ginny,

I agree with your post with the exception that this is a "technicality". When a person is charged with a crime ( infraction, misdemeanor or felony), that person has a constitutionally garunteed right to defend himself against the charge. However, he is deprived of that right if he prepares a defense for an apple when he is being charged with an orange. This is no technicality!

Good points though!
 
Zigner

Zigner

Senior Member, Non-Attorney
Jim -

"People" are allowed to make minor mistakes. A mistake such as this can very easily be corrected with taking away our constitutional right to present a defense :rolleyes:
 
J

JIMinCA

Member
Zigner said:
Jim -

"People" are allowed to make minor mistakes. A mistake such as this can very easily be corrected with taking away our constitutional right to present a defense :rolleyes:
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People are allowed to make mistakes, but they also have a consequence for the mistakes they make. Anyway, it is not about forgiving someone for making a mistake, it is about the State following its own rules. The ticket is a complaint that you commited a particular offense at a particular place at a particular time. That is what you have to defend yourself against. It is not proper for the State to alter the complaint without providing adequate time for the person to prepare a defense. At the time of trial is NOT adequate time.

Say the cops broke down your door with a search warrant and found something illegal and arrested you. Later, you found that the search warrant was for your neighbor's house, but the cops made a mistake when they read the address on the warrant. Are you going to "forgive" the cop for his mistake? Are you going to say "I had the illegal item, so now I'll pay the price"?? I doubt it. I'm sure you are going to claim that the evidence was illegally obtained and take a walk. So, you shouldn't be so self rightous about people persuing a zealous defense.
 
Zigner

Zigner

Senior Member, Non-Attorney
JIMinCA said:
People are allowed to make mistakes, but they also have a consequence for the mistakes they make. Anyway, it is not about forgiving someone for making a mistake, it is about the State following its own rules. The ticket is a complaint that you commited a particular offense at a particular place at a particular time. That is what you have to defend yourself against. It is not proper for the State to alter the complaint without providing adequate time for the person to prepare a defense. At the time of trial is NOT adequate time.
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Whoa there big guy...
I *NEVER* said that the ticket would be corrected AT THE TIME OF THE TRIAL.
What would (ok, *could*) happen is that the ticket is corrected and the corrected copy is mailed to the offender (ok, alleged offender ;) )
 
J

JIMinCA

Member
Zigner said:
Whoa there big guy...
I *NEVER* said that the ticket would be corrected AT THE TIME OF THE TRIAL.
What would (ok, *could*) happen is that the ticket is corrected and the corrected copy is mailed to the offender (ok, alleged offender ;) )
Click to expand...
No problem. At that time, the OP would change strategies.
 
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