Officer writes 2004 on the ticket instead of 2005

[teal99camarov6]

I live in New Hampshire.... I recieved a speeding ticket at the beginning of the year but the cop wrote 2004 instead of 2005 on the date of offense.. I am very concerned because we have a law that states that if you recieve more then six points in one calandar year then you loose your liscence for manditory 3 months.... I learned this when i volintarily went to traffic safety court... I told the instructor that the cop wrote 2004 on the ticket instead of 2005 and that I had gotten a ticket over the summer.. he said that this was a problem and that I may be able to get my ticket dismissed.. How would I go about asking for a dismissal??

Also I think I was paced and I bought a book that will help me prove the inadmissibility in court.. Thanks

[fedcop110]

Oh you bought a book...well you're good to go.

Seriously though, the wrong year won't make a difference at all.

[teal99camarov6]

well wont it get me into more trouble if it goes through??

[BelizeBreeze]

Originally Posted by teal99camarov6

well wont it get me into more trouble if it goes through??

JUDGE: Next Case.

YOU: Your Honor, I move to dismiss on the grounds that the date is wrong on the ticket.

JUDGE: (Looking at the ticket) Officer, is this date you wrote on the ticket correct?

OFFICER: (looking at his copy) No your Honor, I put the wrong year on the ticket by mistake.

JUDGE: So, when did the offense occur.

OFFICER: In this year sir.

JUDGE: (erasing the year and writing) (to you) Anything more?

YOU: ahhhhhh no sir.

JUDGE: Guilty, pay the clerk on your way out.

[Alchohol_Free]

Law Enforcement is allowed to make honest mistakes.



Unfortuately, citizens don't get to make honest mistakes.

[teal99camarov6]

well i'll plead guilty, but i just need to make sure i dont get screwed on the year..

[teal99camarov6]

but if he paced me then i'm def. pleading not guilty.. do i have the right to see my police report?? Can I plead violating the right to a speedy trial???
Its march 11th and I got the ticket almost 2 months ago, that and the ticket says 2004... heh will that work??

[Froyn]

I tried that many years ago with a speeding ticket. The officer wrote on the ticket that my car was blue. At 100 yards there was no mistaking that my car was green. The judge confirmed my car color as we could all see it through the window in the courthouse.

Relevance is what it's all about.

[teal99camarov6]

well what about my right to a speedy trial??? Could I say that that right has been violated, its been almost two months! Not only that but on the ticket its been a year and two months! lol

[fedcop110]

the right to a speedy trial does not normally apply to traffic violations. (I seem to recal reading that somewhere )

Even with it being 1 year 2 months, or two months

do i have the right to see my police report??

There is no police report. You have a copy (the ticket) of everything that the officer has.

well i'll plead guilty, but i just need to make sure i dont get screwed on the year..

Again...the year will make no difference. Sorry. Pay your ticket and slow down.

[poppakeith]

Originally Posted by Alchohol_Free

Law Enforcement is allowed to make honest mistakes.

Not only that, Alchohol Free. They are also allowed to make dishonest mistakes, particularly in matters not disproven by good documentation. Happens all the time.

[ljt99]

Originally Posted by teal99camarov6

well what about my right to a speedy trial??? Could I say that that right has been violated, its been almost two months! Not only that but on the ticket its been a year and two months! lol

I would check further into the speedy trial issue. I had a speeding ticket about two months ago and when I asked the prosecutor about the speedy trial issue, he said in our county (Ohio) you are required to be brought to trial within 30 days. I had requested numerous documentation via "request for discovery" and was told it would take about six weeks to get the documentation. If I wanted to wait for the discovery info, they were "all about" me signing away my right to a speedy trial. I do believe I read, though, that the speedy trial time limit depends on the city and/or state.
Also, regarding your question about seeing the police report and fedcop110 saying you've already seen the report (the ticket), I've heard that the officer will usually write his own notes on the back of his copy of the citation which he will use (if necessary) in court to refresh his memory. You do have a right to see that information but would need to request a copy of it through the clerk of courts via "request for discovery".
For my ticket, I pled not guilty at the arraignment then requested a lot of information that I felt would help me to plead my case. They scheduled the trial for two weeks after the arraignment. Since I would not sign away my right to a speedy trial, I prepared as much information as I could without the "discovery info" and went to the court date planning to ask for a continuance to await the information. When I got there, they offered to dismiss the case if I would agree to pay $45 in court costs. There would be no violation against my driving record (or insurance) so I accepted their offer. I think they just didn't want to mess around with all the documentation I had requested. You mentioned you had gotten a book, which I did too, and I believe following the information in that book did help me. I will never again plead guilty to any traffic ticket.