Three Violations Issued to the Wrong Driver

[DBalgobind]

What is the name of your state? New Jersey


I was driving on the palisades parkway in NJ and a Palisades Parkway police officer pulled me over. At the time, I did not have my license or my registration on me, but I did have the vehicle insurance card inside the car. The car is registered in my father's name, but I was the one driving. The officer issued me a summons in my father's name for:

1.) Unclear Plates
2.) Failure to exhibit documents
3.) Speeding (84 in a 50mph zone)


The officer must have looked up my father's name as the owner of the vehicle and used his license number on the tickets. Is there a way to have this case dismissed because the officer failed to follow normal police procedures? Fortunately, I am not in jail and i'm able to ask for this advice.


-Thanks

 

[OG_of_Crime_Law]

3 violations--good lawd!

Is there a way to have this case dismissed because the officer failed to follow normal police procedures?
(well, normal police procedures were to uh, er, pull you over for observational infractions...so no dismissal on that.)

However, dismissal is highly possible on the Unclear Plates (whatever that means: dirty plates, covered plates, et al).

Dismissal also possible on the Failure to Exhibit Documents (he was just having a good time with ya).

Here's the deal: Most of the times in Traffic Court at the court date, states have Compliance Laws, to wit, by the time you appear in court, if you have cleaned your muddy/unclear plate off and have the documents you need--those will/can and are often dismissed. The judge feels you've complied. No BFD. Case Dismissed! Maybe pay court costs. Maybe not.

The speeding ticket however: if you feel you're Not Guilty, say so to the judge. Ask for a Continuance and go get a lawyer. Maybe you weren't going as fast as the cop said you were. Contest it and if the cop doesn't show up for trial it most likely will get DISMISSED as well. In fact, you may not need a lawyer for that. It's pretty straight forward. If you feel that on the other hand, you can't win it--plead guilty, pay the fine. The judge may waive court costs. If you dont want POINTS on your license, ask the judge what's the State Recommendation (aka State Rec) that way you may be able to take a driving class (thus no points), pay a fine, maybe court costs, etc...Of course, this is all based on the assumption you haven't been driving like a maniac and racking up points Grand Theft Auto style. Otherwise, if you've been a good boy/girl in general, this will prolly be all to it...

Regards your father. Well, the car is registered to him. So the cop was within his right to issue the summons in his name to appear. What must happen though is he simply brings you to court as the party who, in fact, was driving at the time of the incident. The law just wants someone to take the fall. Gotta love that, right?

"They say Lady Justice is blind but i do believe the old girl is peeking."

 

[bmicomp]

DBalgobind, here's what I would do if I were in your situation. Have your dad appear for the court date, after pleading not guilty. Find a witness that knows and can testify to the fact that your dad was where he actually was at the time that you were issued the citation. After the state rests its case, have your dad's witness testify to the fact that he was where he actually was.

You should be able to get off on all these tickets.

*this is not legal advice. for legal advice, consult an attorney*

 

[HomeGuru]

What is the name of your state? New Jersey


I was driving on the palisades parkway in NJ and a Palisades Parkway police officer pulled me over. At the time, I did not have my license or my registration on me, but I did have the vehicle insurance card inside the car. The car is registered in my father's name, but I was the one driving. The officer issued me a summons in my father's name for:

1.) Unclear Plates
2.) Failure to exhibit documents
3.) Speeding (84 in a 50mph zone)


The officer must have looked up my father's name as the owner of the vehicle and used his license number on the tickets. Is there a way to have this case dismissed because the officer failed to follow normal police procedures? Fortunately, I am not in jail and i'm able to ask for this advice.


-Thanks

**A: how old are you, do you have any previous traffic violations and was the ticket issued in your name?

 

[DBalgobind]

I'm 22 and I've had several other violations in the past.