Wrong Birth Date on Ticket (NY)

[meshopsi]

I received a speeding ticket in NY state for going 74 in a 55 (my bad).

I noticed when I was looking at the ticket that the officer copied my birthdate down wrong - the date is correct, but he entered 1976 instead of 1975. Is it possible that this is grounds for having the ticket thrown out?

 

[JETX]

Is it possible that this is grounds for having the ticket thrown out?

Possible? Yes... after all, anything is posible. Likely? No.

 

[sukharev]

Sadly, no. Unless you can convince the judge you are way too young for being the one who was speeding, and the officer padded your age to match the description of a suspect

On a serious note, you can and should try to fight the ticket. Here are a few pointers on how to fight a radar ticket. Please, feel free to ask for details (if you do, post as much info as possible from your ticket)

1) request discovery of all relevant records from DA's office (tipmra website has a good list), government must properly respond. Make sure you ask the court for continuance to allow ~40 days for records to arrive. Also send copy of discovery request to the court. Finally, add parallel FOIA request to PD for the same records. When records arrive, check the following:
2) do radar forks calibration and serial number match the ones used to test the radar?
3) was proper radar test done before and after shift?
4) did officer have FCC license and proper training (find out requirements)?
5) was the place formally checked for interference?
6) does the ticket say that traffic was heavy/medium?
7) was there a chance for sweep, ghost reading or other well-known radar errors (find them on trhe web)?
8) during trial, determine if the officer does have independent recollection of events (especially if the ticket has an error on it). This one requires a bit of research on how to do and how to object/motion for dismissal/stiking the evidence.
9) Is the speed limit properly posted and legal? (find MUTCD defense on the web)

If the answer is no to any of above questions, you have a case.

Also, make 2 copies of relevant caselaw (free parts of tipmra website have references, so you can find them on the web), and give them to judge and DA at the beginning of the trial. You will likely need to cite caselaw once you use above defenses.

And, the last but not least, make sure you make a copy of front and back of the ticket before sending it in, and also use certified mail to make sure it does not get lost.

Good luck.

 

[CdwJava]

A "chance" of ghost readings? I suppose there's a chance of ANYTHING. So there's a gimme.

And what does checking a place for interference entail? I never heard of such a thing, either.

And, of course, the officer does NOT have (nor does he need) an FCC license to operate the radar any more than he needs one to key the mic of his radio.

Any defense is possible. They just aren't that likely to prevail.

- Carl

 

[sukharev]

Carl, I don't doubt you speak from experience. However, let me respectfully disagree.

There are pleny of examples when radar had generated crasy readings while being used near the power lines. Again, there are procedures in place for PROPER traffic stops, and checking for interference is one of them. Requesting the PD manual usually is enough to determine if there is such procedure for a given PD that officer belongs to. I have personally seen one.

Same for FCC license (required in almost any state, but not usually available in a given PD). As for the "ghost" readings, well, that's just to produce a reasonable doubt, when traffic was heavy. You know well that radar has a huge beam spread, so a car right next to you (or going in opposite direction) could produce the reading.

 

[JETX]

Same for FCC license

Sorry, but not correct. A separate license is NOT required by a department or officer to operate a traffic radar device.
http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1996/da962040.pdf

 

[sukharev]

Sorry, but not correct. A separate license is NOT required by a department or officer to operate a traffic radar device.
http://www.fcc.gov/Bureaus/Wireless/Public_Notices/1996/da962040.pdf

I did not say SEPARATE license. Does this mean that any PD already has FCC license? If it's the case, then I agree, no point in checking for it. But, for whatever reason, all ticket fighting sites I have been to recommend to check for this. I wonder why

 

[JETX]

I did not say SEPARATE license.

Remember back in your ealier post when you said, "did officer have FCC license"??

Does this mean that any PD already has FCC license?

Yes.

But, for whatever reason, all ticket fighting sites I have been to recommend to check for this. I wonder why?"

Because they, like you, are incorrect in assuming that some kind of special license is required by the agency and/or officer.

 

[sukharev]

I am reading FCC regulation as license is required for a particular range of frequencies. PD I requested it from did not have ANY license to send me, so there is the chance they don't have it.

Anyhow, doe not hurt to check, and if they do have it then so be it. If not, it's just one more nail in the coffin.

 

[Ohiogal]

I am reading FCC regulation as license is required for a particular range of frequencies. PD I requested it from did not have ANY license to send me, so there is the chance they don't have it.

Anyhow, doe not hurt to check, and if they do have it then so be it. If not, it's just one more nail in the coffin.

FCC licenses are not to copied and sent out. Rather they are displayed where they are necessary. Normally near a transmitter. Which you probably won't get near unless you work there due to OSHA regulations.

 

[You Are Guilty]

A few more thoughts:

1) request discovery of all relevant records from DA's office (tipmra website has a good list), government must properly respond. Also send copy of discovery request to the court.

"Most" judges (actually, every judge I've ever dealt with), does not, in any way shape or form, want to receive copies of discovery demands. While I doubt this would sink your otherwise winnable case, it doesn't make sense to tee off the judge for no good reason. The judge isn't responding to discovery - leave him out of it.

When records arrive, check the following:
4) did officer have FCC license and proper training (find out requirements)?

I think this one was adequately covered already

5) was the place formally checked for interference?

"Formally"? I don't even know what that means. If the operator used radar under power lines, while they may cause interference, the burden of proof is on the proponent of the argument (i.e. the defendant) to show that was the cause of a false reading. Unless our poster has a PhD or a Masters in Engineering, he'll need an expert witness to do so.

6) does the ticket say that traffic was heavy/medium?

What about those "light flow" days?

7) was there a chance for sweep, ghost reading or other well-known radar errors (find them on trhe web)?

"Chance" <> "reasonable doubt"

8) during trial, determine if the officer does have independent recollection of events (especially if the ticket has an error on it). This one requires a bit of research on how to do and how to object/motion for dismissal/stiking the evidence.

In the spirit of full disclosure, just be warned that this is the area in which most people screw themselves over royally. Tread carefully.

9) Is the speed limit properly posted and legal? (find MUTCD defense on the web)

NYS uses default speed limits in the absence of signage. All of them are under 74mph.

You will likely need to cite caselaw once you use above defenses.

And nominated for "Understatement of the Year 2006 Award"...

 

[sukharev]

FCC licenses are not to copied and sent out. Rather they are displayed where they are necessary. Normally near a transmitter. Which you probably won't get near unless you work there due to OSHA regulations.

Actually, licenses are copied and can be sent out. FCC has a public file policy, which includes the following:

Stations must keep a copy of their current FCC license in the public file, together with any material documenting FCC-approved modifications to the license. The license reflects the station's technical parameters (authorized frequency, call letters, operating power, transmitter location, etc.), as well as any special conditions imposed by the FCC on the station's operation. The license also indicates when it was issued and when it will expire.

http://www.fcc.gov/eb/broadcast/pif.html

 

[JETX]

Actually, licenses are copied and can be sent out. FCC has a public file policy

ROTFLMAO!!!
You are confusing a commercial broadcaster license requirements with that of a licensed transmitter.

 

[CdwJava]

No police agency in CA that I am aware of (and I just spoke with a CHP radar instructor) has or is required to obtain an FCC license. He looked at me like I was from Mars when I asked about it.

I have heard from another CHP officer after the last time you brought this up that someone actually raised the question in court once and the judge got a good laugh. I don't recall whether the person raising it had referenced the wrong authority or if they had simply quoted something off of a web page, but apparently the judge was in a good mood. perhaps he showed mercy for a noble try.

- carl

 

[sukharev]

Anybody saying that Georgia is different, would be correct, but here is the guideline from GA association of police chiefs website:
http://www.gachiefs.com/pdfs/SpeedingProsecutionCheatSheet2.pdf
It says "Copy of Agency’s FCC License. 40-14-4"