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08-16-2004, 12:12 AM
| | | | Wrong Ethnicity, what to do
What is the name of your state? Austin, Texas
I recently got a ticket supposable doing 65 in a 55, i believe i was going around 60mph. On the ticket the officer put I was African-American, however I am not, I am Caucasian. I can't afford to risk loosing in court, but can the judge throw it out based on that false information when I appear in court to enter my plea? Otherwise I will probably have to take defensive driving, any advice is appreciated! |
08-16-2004, 10:59 AM
| | Senior Member | | Join Date: Jan 2001 Location: Washington state
Posts: 10,616
| | | The incorrect info does not prevent you from presenting a valid defense to the court. Sometimes wrong info can be used to challenge a citation but you will require the services of an experienced attorney. How much do you want to spend to fight the ticket?
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08-16-2004, 11:22 AM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 71,061
| | Quote: |
Originally Posted by Machater What is the name of your state? Austin, Texas
I recently got a ticket supposable doing 65 in a 55, i believe i was going around 60mph. On the ticket the officer put I was African-American, however I am not, I am Caucasian. I can't afford to risk loosing in court, but can the judge throw it out based on that false information when I appear in court to enter my plea? Otherwise I will probably have to take defensive driving, any advice is appreciated! | **A: bring a black friend with you to court and ask the officer to identfiy the speeder that got the ticket. The officer will point to the black guy. Case dismissed. |
08-17-2004, 04:46 AM
| | | | LOL that is good, alos note what color shirt that you were wearing and ask him, he will look dumb by not being able to recall. |
08-17-2004, 10:18 AM
| | Senior Member | | Join Date: Feb 2003 Location: California
Posts: 15,371
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Originally Posted by DJtimmayB LOL that is good, alos note what color shirt that you were wearing and ask him, he will look dumb by not being able to recall. | Why would he "look dumb" not being able to recall the color of the driver's shirt? It's not relevant to the offense so there is no need to note it at all.
I would never be able to answer that question in court ... heck, I can't tell you the color of my wife's shirt this morning!
I recall an attorney in a prelim once making an issue of which hand his client allegedly used to hold his forged check and forged driver's license with! He then asked the color of his wallet! When I couldn't answer those questions because they were not relevant to the elements of the offense he moved for a summary dismissal based on a shoddy investigation and lack of sufficient detail to prove his client's guilt ... the judge nearly fell out of his robe laughing before commenting, "Nice try counselor," and binding the fellow over for trial.
Irrelevant details will always be irrelevant details.
Carl
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08-17-2004, 11:36 AM
| | Senior Member | | Join Date: Jun 2000 Location: Somnambulist University
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Originally Posted by Machater On the ticket the officer put I was African-American, however I am not, I am Caucasian.... can the judge throw it out based on that false information when I appear in court to enter my plea? | Of course he could... but he won't. As long as you are properly identified (name, dob, license number, etc.), your race is NOT a relevant issue. Quote: |
I can't afford to risk loosing in court
| Then you should have thought of that when you decided to speed.
Haven't you heard that old Texas saying.... 'Don't go to the dance, if you can't pay the fiddler'!!
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