Speeding in NY, wrong info on ticket

I was speeding in NY, but the cop wrote down the wrong make, model and year of my car. I drive a grey 2004 mazda, he wrote down green 1986 buick but he wrote the corrrect license plate down. Can I get out of this ticket?

[AHA]

Originally Posted by cliffman

I was speeding in NY, but the cop wrote down the wrong make, model and year of my car. I drive a grey 2004 mazda, he wrote down green 1986 buick but he wrote the corrrect license plate down. Can I get out of this ticket?

So who is going to pay for your speeding?

[gryndor]

Originally Posted by AHA

So who is going to pay for your speeding?

The person he slams into the next time he's speeding... duh!

[You Are Guilty]

Originally Posted by cliffman

I was speeding in NY, but the cop wrote down the wrong make, model and year of my car. I drive a grey 2004 mazda, he wrote down green 1986 buick but he wrote the corrrect license plate down. Can I get out of this ticket?

If you mean "get out" as in "not have to pay for", then no.

If you mean "get out" as in "have a good argument this cop is mistake prone and nothing he says should be believed", then yes.

Otherwise, the ticket is not the evidence against you (the officer's testimony in court is). So incorrect ticket info won't, in and of itself, get you "out" of it. On the other hand, most officers use the ticket info to "refresh their recollections" on the stand (there's no way for them to independantly remember every stop that they made unless you did something stupid during it to make it stand out among thousands).

If that's the case, and you can get the officer to testify that he stopped you in your green 1986 Buick for speeding, you can whip out your registration and prove that wasn't your car.

[AHA]

Originally Posted by You Are Guilty

If you mean "get out" as in "not have to pay for", then no.

If you mean "get out" as in "have a good argument this cop is mistake prone and nothing he says should be believed", then yes.

Otherwise, the ticket is not the evidence against you (the officer's testimony in court is). So incorrect ticket info won't, in and of itself, get you "out" of it. On the other hand, most officers use the ticket info to "refresh their recollections" on the stand (there's no way for them to independantly remember every stop that they made unless you did something stupid during it to make it stand out among thousands).

If that's the case, and you can get the officer to testify that he stopped you in your green 1986 Buick for speeding, you can whip out your registration and prove that wasn't your car.

Then again, 2 cars can't have the same license plate number at the same time!!
Don't do the crime if you can't do the time.....or in this case, pay the fine.

[You Are Guilty]

Very true, but that's why the argument is just an argument and doesn't guarantee "getting off". Still, nothing wrong with requiring the officer to actually get the basic details of the ticket correct - there is this little requirement of "evidence" that's needed before someone can be found guilty.

I concur however, that if you want to speed and break various traffic laws, you had better be (financially) prepared to face the consequences of your actions.

[James Young]

Cliffman writes:

I was speeding in NY, but the cop wrote down the wrong make, model and year of my car. I drive a grey 2004 mazda, he wrote down green 1986 buick but he wrote the corrrect license plate down. Can I get out of this ticket?


Cliffman, you’ve not doubt noticed that the “advice” provided by the resident LEOs is worthless as tits on a fish. Not only is the attitude arrogant, self-righteous and condescending, but their recommendations are often inaccurate.

Go to [url]www.motorists.org[/url], home of the National Motorists Association, the folks who got the hated and dangerous “55” mph speed limit rescinded. Peruse the site, join ($35 a year, I think), and rent their Legal Defense Kit. This tells you how to defend yourself. However, the first thing to do is delay, delay, delay. Write the court to postpone the court date, citing legal research. Ask for a copy (front and back) of the officer’s copy of the citation and any other documents that he or the court produced. The longer you can delay this, the better for you.

Keep us informed and ignore the trolls.

[edited to add] NMA now has a person lobbying for motorists' interests in Washington, DC.

[gryndor]

Originally Posted by James Young

This tells you how to defend yourself. However, the first thing to do is delay, delay, delay. Write the court to postpone the court date, citing legal research. Ask for a copy (front and back) of the officer’s copy of the citation and any other documents that he or the court produced. The longer you can delay this, the better for you.

Yeah, this sounds legal... kinda like those "repair or erase bad credit now!" scams...

[James Young]

Originally Posted by gryndor

Yeah, this sounds legal... kinda like those "repair or erase bad credit now!" scams...

Yep. It's just a normal part of discovery. The prosecution is required to provide it. And delaying tactics are just that, tactics.

[You Are Guilty]

It's not a scam, the NMA is quite real. For non-lawyers, it's actually quite worthwhile to join. You get access to quite a few of their publications and they have a (quarterly?) newsletter. I think I got some stickers too, but that was years ago, I don't know if they still have them.

James,
Thank you. Finally I got someone who doesn't want to talk down to me as if I'm trying to get away with murder. Its just a traffic ticket and there isnt one person out there who hasn't gone over speed limit at some point or another.

I will look into the NMA and see how that goes. Thanks for the help.

[BelizeBreeze]

Originally Posted by cliffman

James,
Thank you. Finally I got someone who doesn't want to talk down to me as if I'm trying to get away with murder. Its just a traffic ticket and there isnt one person out there who hasn't gone over speed limit at some point or another.

I will look into the NMA and see how that goes. Thanks for the help.

I love it. The stupid leading the blind. Have fun pissing the judge off.

[James Young]

Originally Posted by BelizeBreeze

I love it. The stupid leading the blind. Have fun pissing the judge off.

In case you didn't know it, judges deal with discovery every session of court. They understand it and you obviously don't. I suppose the stupid leading the blind is preferable to the deceitful leading the unknowing.