Wrong name on ticket

[BigDaddy61]

What is the name of your state? Maryland
My daughter was pulled over for "Failure to yield" violation.
The officer wrote down her license number, DOB, height and weight. But he put my name as defendant and wrote sex:M on the ticket.

I own the car so my name is on the regestration.
What do I say at traffic court? Can this be thrown out?

Thanks, BigD

[Caravaglia]

While it might seem like a pretty big deal to have the wrong name and sex on the ticket, it probably isn't. The cop will just say he made a mistake and transcribed from the registration instead of the license.

But maybe I am wrong. I still wouldn't go to court expecting the judge to throw it out.

[pi$$ed in ny]

Maybe I'm wrong, because I'm no expert, but #1, they would have to prove that someone by your name with those identifying traits (DOB, height, weight, etc) were driving and got pulled over. #2, It would seem to me that this would hurt the cop's credibility and that an unprovable offense such as failure to yield could be more easily argued against. It's your daughter's word against the cop's.

[BigDaddy61]

Because my name is listed as the "defindent" I have no intention of letting my daughter step foot into the court room. According to the law, My name is listed as the defindent. The police officer has to prove, according to the citation, that I commited this offense. That is impossible. If I have to, I can prove that at the time I was working in my office.

[poppakeith]

Originally Posted by BigDaddy61

Because my name is listed as the "defindent" I have no intention of letting my daughter step foot into the court room. According to the law, My name is listed as the defindent. The police officer has to prove, according to the citation, that I commited this offense. That is impossible. If I have to, I can prove that at the time I was working in my office.

Wasn't mentioned, Big Daddy, but I suspect your daughter affixed signature to a citation, attesting that she assumes responsibility to show up in court or otherwise respond to the charge stated on the ticket. If they have her driver's licence info, and the witnessing police officer to identify the person accused, her absence goes against her. Better see a lawyer before handling it your way. Your presence in court, absent notice to be there (other than name on daughter's citation), rather signifies an attempt to shield the accused from legal process. Judge won't like it.

[BigDaddy61]

Originally Posted by poppakeith

Wasn't mentioned, Big Daddy, but I suspect your daughter affixed signature to a citation, attesting that she assumes responsibility to show up in court or otherwise respond to the charge stated on the ticket. If they have her driver's licence info, and the witnessing police officer to identify the person accused, her absence goes against her. Better see a lawyer before handling it your way. Your presence in court, absent notice to be there (other than name on daughter's citation), rather signifies an attempt to shield the accused from legal process. Judge won't like it.

You are correct. She did sign in the box under defendant's signature. The text in that box states: 'I sign my name as a receipt of a copy of this citation and not as an admission of guilt. I will comply with the requirements set forth in this citation.'
I will be talking to a lawyer before going to court. Better safe then sorry. The only problem I have with Maryland traffic court is that the court is only responsible for resolving you guilt. Then results are sent to the Motor Viehcile Assosiation to assess the points. The court can not waive the point system.

[BelizeBreeze]

Court:

YOU: Your Honor, I'd like to bring to the attention of the court several failures on this ticket.

JUDGE: bring it to me.

<you hand the ticket to the judge>

YOU: First, I was not driving, my daughter was, as is evidenced by the fact that the date of birth and other information is obviously not mine.

JUDGE: o.k.

YOU: Also, the officer placed my name on the ticket but I'm the registered owner of the car only. My daughter signed the ticket.

JUDGE: (to the officer) Is this the person you stopped on the date of this ticket?

OFFICER: No sir. The defendent is correct. I mistakenly put the wrong name on the ticket.

JUDGE: (writing on the ticket) Case Dismissed. (Handing you back the ticket) Please inform your daughter she is to appear in this court one week from today at 9 a.m. to answer to the charges outlined on this amended ticket.

[Curt581]

Originally Posted by BelizeBreeze

Court:

YOU: Your Honor, I'd like to bring to the attention of the court several failures on this ticket.

JUDGE: bring it to me.

<you hand the ticket to the judge>

YOU: First, I was not driving, my daughter was, as is evidenced by the fact that the date of birth and other information is obviously not mine.

JUDGE: o.k.

YOU: Also, the officer placed my name on the ticket but I'm the registered owner of the car only. My daughter signed the ticket.

JUDGE: (to the officer) Is this the person you stopped on the date of this ticket?

OFFICER: No sir. The defendent is correct. I mistakenly put the wrong name on the ticket.

JUDGE: (writing on the ticket) Case Dismissed. (Handing you back the ticket) Please inform your daughter she is to appear in this court one week from today at 9 a.m. to answer to the charges outlined on this amended ticket.

That was perfect. I've seen it happen dozens of times.

Absolutely verbatim.

I guess he thought it would just be dismissed and that would be the end of it.

Ooops

[poppakeith]

Originally Posted by Curt581

That was perfect. I've seen it happen dozens of times.
Absolutely verbatim.
I guess he thought it would just be dismissed and that would be the end of it.
Ooops

Curt,
It does happen like that, and there is no way to change the standard proceedure. Hell or high water, it's gonna be presumed the blatant, obvious error was an honest mistake to be overlooked, and some citizen or another needs to be cited and fined.

JUDGE: (to the officer) Is this the person you stopped on the date of this ticket?

OFFICER: Must not be, your honor, since it was a girl who signed the ticket. I was so hopped up on that day I don't remember. Still, if this guy says it was his daughter, I'm willing to say that's who was driving.

JUDGE: (writing on the ticket) Case Dismissed. (Handing you back the ticket) Please inform your daughter she is to appear in this court one week from today at 9 a.m. to answer to the charges outlined on this amended ticket.

[thanrah1]

You should be pretty well convinced by now that an error on the part of the officer is not going to have this ticket dismissed. What jumped out at me was that your not going to let your daughter set foot in that court room**************..She was cited, she signed the ticket and now it's her responsibility to step up to the plate and dispute or not dispute the ticket. Have you considered the possibility that the judge may not be a game player and just may issue a "failure to appear warrant" for her arrest. It's time to let daddy's little girl grow up in the real world.

[BigDaddy61]

Let me clear this up for those of you that are misinformed or just spouting off as if you know what's legal. I was looking for advice and all I got was BS.
Just to be clear... I have a lawyer.

The charging document was filled out in error. The signature on the ticket is not the defendants signature. So the signature is not valid. I (my lawyer) does not have to prove who signed it nor will we volunteer that info. We just have to prove that I (the listed defendant) is not guilty of this charge.

According to the real law: The charging document can not be altered once filed. Even if you are a judge. To issue a "new" citation, the officer would need to prove who was driving. He already made the mistake of saying I was driving.

I am not protecting my daughter as much as I am protecting my name; the defendant. And I left out some other non traffic court related info regarding the real reason for pulling her over after following her for 2 miles and having the K9 unit available to search the car and having the other 2 passengers in the car cuffed while the car was searched. The citation is a farce. nothing was found and the car was not impounded.

Thanks to all who knew nothing about this situation and said nothing.
BelizeBreeze, Curt581, poppakeith, and thanrah1: You are helping no one when you offer bad advice. Thanks for nothing. But then again you get what you pay for. Free advice is, well, just free.

[poppakeith]

Originally Posted by BigDaddy61

Let me clear this up for those of you that are misinformed or just spouting off as if you know what's legal. I was looking for advice and all I got was BS. Just to be clear... I have a lawyer.

Free advice is, well, just free.

My advice was that you hire a lawyer. It is pleasing to note that you gained something of value from free advice.

[eriksseven]

Originally Posted by poppakeith

My advice was that you hire a lawyer. It is pleasing to note that you gained something of value from free advice.

^ nice... lol