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  1. #1
    93CorpusDelicti is offline Junior Member
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    May 2009
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    Wrong name on citation

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

    I own a van, and a month or, so ago one of the left back windows was shattered due to a wind storm. Last week, I was driving on the freeway and the wind ripped off the plastic material that was covering this window. I continued to drive and got off the freeway, and proceeded to a small town. At this time, part of the plastic material was hanging down from the window, making the vehicle stand out.

    A police officer was traveling toward me on the road that travels in the opposite direction. He passed, then did a u turn and speed up behind me, as I was turning left. He then initiated a traffic stop, and I was cited for no registration. I showed the officer proof that I had valid insurance, and attempted to explain that I was going to take care of it as soon as possible, and had made a mistake on the yearly fee date, and that my intent was to pay it.

    When I had left the scene, I noticed that the citation is issued to someone else. It has my same last name, and D.O.B, and drivers license number, and address, but the first name is not me. Can I use this to my advantage to get the case dismissed? Does the fact that I had valid insurance help my case? I would think that shows my intent to be legal, I made an honest mistake and did not renew on time, and forgot with the daily stress of my life, work etc. What is worst a no insurance ticket, or no registration ticket? Is this offense a petty misdemeanor. I have tried for years to keep my record clean, is there any way to fight this?

    Is there really such a thing as UCC 1-207, and if so does it apply to a traffic ticket? Thanks.
  2. #2
    racer72 is offline Senior Member
    Join Date
    Jan 2001
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    14,121
    Enough is correct to make the citation valid. Even if a judge did rule the ticket was defective, you would likely be issued another correct one shortly thereafter.

    UCC 1-207 does not apply. There are a few whackos out there that think it applies to anything you sign, this is not true. This issue could be a huge debate in it's own right, I will not go into it here.
    If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me.

    No private messages, I do not reply to them.
  3. #3
    I_Got_Banned is offline Senior Member
    Join Date
    Aug 2008
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    Back in LA LA land
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    2,885
    Quote Originally Posted by 93CorpusDelicti View Post
    What is worst a no insurance ticket, or no registration ticket?
    Two separate issue... One is not a substitute for the other.

    Two things that they have in common:

    1. Both are violations of the rules of the road, and...

    2. Both are independent clues that you are not allowed to operate that vehicle without them.

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