Need help-Wrong name on speeding ticket

[anandks42]

What is the name of your state? OR
Hi,

I recently got a speeding ticket in OR. The officer collected my driver's license but when he issued the ticket he has written my brother's name(he used the vehicle registration details and my brother is the owner of the car).

My questions are:
1) Who should appear in court? My brother because his name is on the ticket or me?
2) Will this case be dismissed because wrong person was identified?
3) Should I plead guilty for a ticket issued in my brother's name or should my brother plead not guilty?

Please advise. This is my first ticket and I will be extremely grateful for your help.

[OP85063]

Does the ticket have your driver's lic# or your brother?
Who's address is on the ticket?

Give some more info that's on the ticket?

[Maestro64]

You could have some fun with this, if you willing to give it a try.

There is case law in FL where lawyer walked in to a traffic case with another person told the judge his client will not be testifying (never identifying who the other person was), then proceeded to question the officer. He asked the officer to identify the person who he gave a ticket to and he identified the guy standing next to him. He ask the officer what that persons name was and officer of coursed read from the ticket. He then had the other person to take the stand at which point the judge said "I thought you said your client would not be testifying" at which point the lawyer said "he is not my client." So the got up on the stand and simple identified himself which he was not the person who the officer identify. At which point the lawyer asked for an immediate dismissal base on the fact the officer was not a reliable witness.

Needless to say the judge went nuts because he felt it was trickery and found the lawyers client guilty. The the Supreme court of FL did not see it that way, they said the officer was free to identify the correct person and fail to do so therefore was unreliable and the client was found not guilt due to improper identification.

Not sure this is something you could do, but, a good lawyer willing to use the same logic could get this ticket tossed on the bases officer can not correctly identify the right person if your bother is willing to show up in your place.

[anandks42]

The officer took my driver's license and hence got the vital statistics right. However, the license no is not mentioned on the ticket. Both my brother and I stay at the same place but even the address is wrong on the ticket. Please help! Thank you.

[Maestro64]

Generally speak error on the ticket are not an automatic dismissal unless you can somehow show that the error create a situation where the facts can not be determined or make it prejudicial against you.

But this requires you to understand the court procedures and what error are considered prejudicial. You would have to research your state or local courts rules and procedure on this or get someone who know them and present your case.

Or you use the errors in a way that cast doubt on the officers ability to recall what happen on that day as the example I use above. Remember you could be one of many ticket the officer wrote between the day you got it and time you show up in court, unless you did something to be rememberable to him his recollection of the event most likely will come off the ticket itself or some notes he wrote down.

You will have to figure out the strategy that you think will work best of hire someone to do it for you. Most lawyers though never step foot in the court room they tend to work deals with the local court or DA for you.