Incorrect Statute on Citation

[Bucsrock225]

What is the name of your state? Florida

I was recently issued a citation for speeding and the officer cited me for an incorrect statute. He titled it correctly but the reference was to FL Statute 316.187 which gives the DoT the right to set speed zones. The Florida statute for unlawful speed is 316.183. I am considering going to court, with that mistake what are my likely chances of a dismissal?

[You Are Guilty]

Originally Posted by Bucsrock225

What is the name of your state? Florida

I was recently issued a citation for speeding and the officer cited me for an incorrect statute. He titled it correctly but the reference was to FL Statute 316.187 which gives the DoT the right to set speed zones. The Florida statute for unlawful speed is 316.183. I am considering going to court, with that mistake what are my likely chances of a dismissal?

Reasonably good.

(Of course, we should warn you that the odds are even better that the court will permit the officer to amend the ticket in court to show the correct cite. Of even dismiss the first ticket and let the officer issue a totally new one that's filled out correctly. While you would be entitled to an adjournment if that happens, you may want to come up with some sort of substantive defense beyond "the statute number is wrong" for when you return to court the second time).

Good luck!

[Hey There]

11-27-07
Bucsrock225

By going to Google and typing in Speeding Ticket FAQ ,information is provided including a section on what makes a ticket invalid.
Florida's speed detection method include Pacing, aircraft,VASCAR, radar. How each of these methods may be proved to give an inaccurate reading is discussed in Chapter 6 of a book published by NOLO on how to beat a traffic ticket, while Chapter 11 describes how to cross-examine the officer in court if he appears.This book should be at a local library.

Best Regards,
Hey There

[racer72]

Simple answer, request that the citation be dismissed with prejudice as the statute number listed is incorrect and prevents you from presenting a valid defense to the charges listed. I have seen this work a number of times.

[Bucsrock225]

Should that request be done the day of my court date?
This case is actually a little deeper than an incorrect statute. I believe I was truly mistakenly pulled over, the ticket has no information on how i was clocked either. I never saw a cop on the side of the road (he was a motorcycle cop) and about a minute before being pulled over I was cut off by a Bronze ford car traveling approx. 10 mph > than me, I drive a Gold ford explorer, and he cited me for 69 in a 55 with that statute listed. and listed my vehicle description as a BRONZE FORD 5 door. I'm only a 20 year old college student so my testimony vs. what he says may be worthless. But I was planning on fighting the ticket with the defense of being mistakenly pulled over (I have no true evidence), and I'm kinda walking in blind from his point of view, and after he testifies, then I was going to use my closing statement to present that the incorrect statute was cited. With all that formed together is that a defense that should be dismissed?