Technically a wrong charge on my ticket

[PatCar]

What is the name of your state (only U.S. law)? VA

The charge on my ticket says "operating all-terrain vehicle on roadway", but I was actually driving a go-cart. The Code of Virginia defines an all-terrain vehicle as a vehicle with "a seat designed to be straddled by the operator, and handlebars for steering...The term does not include four-wheeled vehicles, commonly known as "go-carts," that have low centers of gravity..."

Given that I was driving a go-cart, and not an all-terrain vehicle, can I say that I am technically not guilty of the charge on my ticket, and get away with it?What is the name of your state (only U.S. law)?

 

[Zigner]

What, exactly, were you cited with?

 

[PatCar]

I was driving an off-road go-cart on my neighborhood road. My ticket says:

LAW SECTION: 416.2-915.1
DESCRIBE CHARGE: OPERATING ALL-TERRAIN VEHICLE ON ROADWAY

Again, per the Code of Virginia, I was not driving an all-terrain vehicle. As such, per the letter of the law, can I say that I wasn't guilty of the charge?

 

[Zigner]

What is the name of your state (only U.S. law)? VA

The charge on my ticket says "operating all-terrain vehicle on roadway", but I was actually driving a go-cart. The Code of Virginia defines an all-terrain vehicle as a vehicle with "a seat designed to be straddled by the operator, and handlebars for steering...The term does not include four-wheeled vehicles, commonly known as "go-carts," that have low centers of gravity..."

Given that I was driving a go-cart, and not an all-terrain vehicle, can I say that I am technically not guilty of the charge on my ticket, and get away with it?What is the name of your state (only U.S. law)?

It sounds like you are technically not guilty of this charge.
That's not to say that you can't be charged with a different violation...

 

[JIMinCA]

I don't know VA law... but if you go to the vehicle code (or equivilant), there should be a section of definitions. If the definition of All Terrain Vehicle doesn't describe your go-kart, then you are correct. However, you'd be surprised at some of the bizzare definitions that pop up, so make sure you check.

 

[bisjoe]

This sounds similar to the time I tried to fight a speeding ticket ( I did the speeding) because the time listed on the ticket was off by one hour. I had proof that I was no where near that location at the time listed on the ticket. The judge said that the patrolman's error when writing the ticket did not excuse my violation of the law and I had to pay the fine.

 

[JIMinCA]

This sounds similar to the time I tried to fight a speeding ticket ( I did the speeding) because the time listed on the ticket was off by one hour. I had proof that I was no where near that location at the time listed on the ticket. The judge said that the patrolman's error when writing the ticket did not excuse my violation of the law and I had to pay the fine.

Many traffic judges simply ignore the law. They believe that Joe-sixpack won't appeal. The fact is, in your case, you were charged with driving a particular speed at a particular place and at a particular time... which apparently you did not do.

 

[Zigner]

This sounds similar to the time I tried to fight a speeding ticket ( I did the speeding) because the time listed on the ticket was off by one hour. I had proof that I was no where near that location at the time listed on the ticket. The judge said that the patrolman's error when writing the ticket did not excuse my violation of the law and I had to pay the fine.

The fact of the matter is that the error on your ticket didn't rise to a level whereby the ticket would be voided. Your situation is NOT the same as the OP.
In the OP's case, he was accused of something that he did not do. Period.