NY speeding ticket - error on ticket

[acuragirl]

Hello, I am new to this forum and have a question regarding a ticket I received. My first speeding ticket (going 68 in 55) with my first new car. I wanted to know if there is any New York State guides on how to dispute a defective speeding ticket. I was able to find a New York City guide for parking at [url]http://www.nyc.gov/html/dof/pdf/99pdf/pvo_itslaw_00.pdf[/url]

I received the ticket on Sunrise Highway in Merrick (Nassau County), December 31st. The cop who pulled me over incorrectly filled out the model of the car as Audi. I was driving a Acura. Also, upon examining the ticket further I noticed he did not indicate the year of the license expiration. Is there anyway I can fight this. Would I need any type of back up to prove to the judge the ticket is incorrectly filled out?

[mronroad]

It's unlikely that a NY court will consider the wrong make of vehicle to be a fatal error. You'd stand a much better chance if the wrong color was recorded. (see the thread NJ - 67 in a 45 - errors on mailed summons )

It's reasonable that a cop might make a mistake transcribing from a registration, and he's not expected to be able to visually identify every make and model of car on the road. He should, however, know the difference between colors.

[You Are Guilty]

The ticket is still valid and enforceable. Errors on it are only useful in challenging (cross-examining) the officer at trial. i.e. If he can't figure out what make car you were in, how reliable is he in general?

[acuragirl]

Originally Posted by You Are Guilty

The ticket is still valid and enforceable. Errors on it are only useful in challenging (cross-examining) the officer at trial. i.e. If he can't figure out what make car you were in, how reliable is he in general?

Few questions:

I just want to verify to and understand what you have indicated above.

1. If the officer during the trial indicates my car as an Audi and I was driving an Acura this can either decrease the ticket fee or make the ticket invalid?

2. If this is the case should I plea not guilty?

3. And after the officer states the incorrect model of the car, What do I tell the judge?

thanks again for all your help, out there!!!!!

[You Are Guilty]

Originally Posted by acuragirl

Few questions:

I just want to verify to and understand what you have indicated above.

1. If the officer during the trial indicates my car as an Audi and I was driving an Acura this can either decrease the ticket fee or make the ticket invalid?

It can inasmuch as if the officer doesn't have any independant notes, and only reads information off the ticket, you will have a good area for cross exam.

2. If this is the case should I plea not guilty?

That is your right, but you would have to appear in court for the hearing, and cross examine the officer. Some people don't like public speaking too much

3. And after the officer states the incorrect model of the car, What do I tell the judge?

Well, you want to lock the officer into saying as many provably incorrect things as you can - wrong color, make, year, etc. Once he does, you whip out your registration which shows the correct information, (bring a copy as well) and have the copy marked into evidence. Then request the judge dismiss the ticket. Whether they will is a crap shoot. I'd say you have maybe a 30% chance of success. (Get a lawyer and those odds go way up).