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  #1  
Old 01-04-2006, 06:03 PM
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Speeding Ticket with wrong violation date and evidence I was out of town that day.


What is the name of your state? MD
I have an age old question wherein the police officer put the wrong violation date on a speeding ticket. The violation date on the citation was written for 1/5, however the violation occurred on 1/4. If I show proof I was out of town, i.e. roundtrip plane ticket or bus ticket on 1/5, can I use that as evidence to request the judge to dismiss the case, because the citation against me would be on a day I was not at that location?

In ****land, court dates are mailed out if the citation is not paid w/i 15 days. I would wait for my court date and plead 'Not Guilty' and ask for the dismissal with my evidence.


Any other advice on how to plea would be helpful (i.e. No contest, guilty with explanation).
Thank you

Last edited by jmlaw; 01-04-2006 at 08:13 PM.
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  #2  
Old 01-04-2006, 08:35 PM
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In Georgia, I had a similar problem. I was sited for speeding, but the officer did not put the speed I was recorded doing. I went to court and pled not guilty because I was not informed of the speed that I was doing. THe officer did appear at court and said that he had talked to his supervisor the day of the citation and his supervisor said that he could make the change on the ticket as long as it was done on the day of the citation. I would call and check with an operator for the courts and see what date they are saying they have citied you on. (Because he may have changed it by now) With my citation the judge did find me guilty.
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  #3  
Old 01-05-2006, 01:36 AM
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Location: Bay Area, CA
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Quote:
Originally Posted by jmlaw
What is the name of your state? MD
I have an age old question wherein the police officer put the wrong violation date on a speeding ticket. The violation date on the citation was written for 1/5, however the violation occurred on 1/4. If I show proof I was out of town, i.e. roundtrip plane ticket or bus ticket on 1/5, can I use that as evidence to request the judge to dismiss the case, because the citation against me would be on a day I was not at that location?

In ****land, court dates are mailed out if the citation is not paid w/i 15 days. I would wait for my court date and plead 'Not Guilty' and ask for the dismissal with my evidence.


Any other advice on how to plea would be helpful (i.e. No contest, guilty with explanation).
Thank you

Did you sign the ticket?
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Old 01-05-2006, 11:06 AM
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An error such as the date is not generally a fatal error. It is also subject to correction before and even AT court.

If that is your only defense it may be a good idea to bring your checkbook. A judge MIGHT let it fly, but in my experience it doesn't.

- Carl
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  #5  
Old 01-05-2006, 04:48 PM
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Quote:
Originally Posted by CdwJava
An error such as the date is not generally a fatal error. It is also subject to correction before and even AT court.

If that is your only defense it may be a good idea to bring your checkbook. A judge MIGHT let it fly, but in my experience it doesn't.

- Carl
Thanks for the input...I figure I may be able to surprise the judge with the evidence, but as soon as he figures out the fact that it is a date error, then it falls to his/her discretion on the dismissing the case over the technicality. I still would have purchase tickets to go out of town and risk losing in court. It may not be the time to gamble. I'll take my medicine and drive like an old lady.

Quote:
Originally Posted by divgradcurl
Did you sign the ticket?
Yes, I signed the ticket...(mandatory). I figured this would be a sticking point in my case. I can show I was out of town that day, but there is proof I received a ticket and it would be the judge's discretion on dealing with the technicality of the wrong date.
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