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12-30-2007, 04:39 PM
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| | | Is incorrect vehicle information on a speeding ticket grounds for dismissal
What is the name of your state? Virginia
I got a speeding ticket in Virginia on Dec 21st and the officer wrote the wrong vehicle year on the summons, he typed in the vehicle year 1996, but my vehicle is a 2005 model. In addition, he didn't type correctly the location of the offense. I was going to just pay the fine online, but its not listed yet and my court date is Jan 3rd. Do I have any recourse if the ticket is not listed online prior to my court date? |
12-30-2007, 05:58 PM
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| | | Yes, you can call and get a continuance. The online listing is just a convenience. Usually it is in your best interest to show and negotiate for a reduction. The year of your vehicle has no bearing on the violation. However the location may, especially if the speed limits are different. Keep in mind that it is the location of the violation, not the location of the stop.
If you show for ocurt and they still don't have the ticket, make a motion for dismissal. Insist and don't let them put you off. At least get it entered into the record. |
12-30-2007, 06:26 PM
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| | | in the route number/street He just put Sterl Blvd but he stopped me on Sterling Blvd. In location of defense he put sterl blvd at beech rd, and in arrest location he put blvd/hally Ave |
12-30-2007, 07:10 PM
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| | | Well is that information correct or incorrect?
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12-30-2007, 07:32 PM
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| | | On the ticket, he failed to type in the correct street name of the road he stopped me on, either in the "ARREST LOCATION" box or the "LOCATION of OFFENSE" box on the summons. Can I assume that the court can decipher the location based on him just typing in "blvd" along with a legible adjoining street name i.e. “blvd/holly ave” and truncating the name of the street “Sterling” to “Sterl” |
12-30-2007, 10:48 PM
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| | | If you go to trial the officer will decipher. |
12-31-2007, 08:56 PM
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Originally Posted by lwpat  If you go to trial the officer will decipher. | LWPAT - don't you feel that shows some incompetance of the witness - not to be able to get the Prima facie elements straight and "change the story" on the stand?
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“[w]hen a statute is clear and unambiguous and the legislative intent is plain, the statute should not be interpreted by the courts, and in such case it is the duty of the courts not to construe but to apply the statute.”
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12-31-2007, 11:41 PM
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Originally Posted by cepe10 LWPAT - don't you feel that shows some incompetance of the witness - not to be able to get the Prima facie elements straight and "change the story" on the stand? | Abbreviating a street name is not "changing the story". 
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01-01-2008, 09:53 AM
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Originally Posted by Zigner Abbreviating a street name is not "changing the story". | Nor is the ticket " prima facie" evidence.
At best, you may be able to use the discrepancy/mistake/abbreviation to (attempt) to damage the officer's credibility. A hard task for a layperson, and one that rarely works even for lawyers. Keep in mind even if this ticket gets dismissed for any reason other than its merits, the statute of limitations is, I believe, one year, which means the officer can write you a brand new (and 100% correct) ticket right outside the courthouse now that you did him the favor of pointing out where the prior one's faults were...
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Originally Posted by Wirelessany1 CIRCUMSTANCE - PLEASE FOR GOD'S SAKE PLEASE STOP VICTIMIZING THESE PEOPLE | |
01-01-2008, 06:07 PM
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| | YAG is right, and before you try to claim anything about double jeopardy, allow me to point out that the two citations would not be for the same offense, as each citation would have a different location on them!
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01-02-2008, 10:19 AM
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Originally Posted by The Occultist YAG is right, and before you try to claim anything about double jeopardy, allow me to point out that the two citations would not be for the same offense, as each citation would have a different location on them! | Still refers to same offense.
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“[w]hen a statute is clear and unambiguous and the legislative intent is plain, the statute should not be interpreted by the courts, and in such case it is the duty of the courts not to construe but to apply the statute.”
"The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the 5th Amendment." Kent v. Dulles, 357 US 116, 125.
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01-02-2008, 04:32 PM
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Originally Posted by cepe10 Still refers to same offense. | Irrelevant. Brush up on your double jeopardy requirements if you don't see why.
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Originally Posted by Wirelessany1 CIRCUMSTANCE - PLEASE FOR GOD'S SAKE PLEASE STOP VICTIMIZING THESE PEOPLE | |
01-02-2008, 04:39 PM
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Originally Posted by You Are Guilty Nor is the ticket " prima facie" evidence.
At best, you may be able to use the discrepancy/mistake/abbreviation to (attempt) to damage the officer's credibility. A hard task for a layperson, and one that rarely works even for lawyers. Keep in mind even if this ticket gets dismissed for any reason other than its merits, the statute of limitations is, I believe, one year, which means the officer can write you a brand new (and 100% correct) ticket right outside the courthouse now that you did him the favor of pointing out where the prior one's faults were... | The cop certainly can write a new ticket outside the courthouse, but that would not have anything to do with a potential defense for the ticket the OP has in his hand. |
01-02-2008, 05:38 PM
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Originally Posted by JIMinCA The cop certainly can write a new ticket outside the courthouse, but that would not have anything to do with a potential defense for the ticket the OP has in his hand. | Other than perhaps making the point of arguing one's way out of the first ticket not worth the OP's while, I'm not disagreeing.
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Originally Posted by Wirelessany1 CIRCUMSTANCE - PLEASE FOR GOD'S SAKE PLEASE STOP VICTIMIZING THESE PEOPLE | |
01-03-2008, 04:20 AM
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Originally Posted by cepe10 Still refers to same offense. | According to the laws of double jeopardy, it's NOT the same offense. Two violations, but occurring at different times, are different offenses.
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