• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Defective Citation?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

frankjcapp

Junior Member
What is the name of your state (only U.S. law)? MA

I received a citation for speeding (48 in a 30) but the citation has my last name spelled incorrectly.

Does this invalidate the ticket? Can I fight this at the hearing?

Also, he checked the "estimated" box instead of the "radar" box, which calls into question whether he used radar or estimated the speed. If he estimated, can I question is ability to judge speeds by eye? If he used radar, is this another element of a defective citation?
 


HomeGuru

Senior Member
What is the name of your state (only U.S. law)? MA

I received a citation for speeding (48 in a 30) but the citation has my last name spelled incorrectly.

Does this invalidate the ticket? Can I fight this at the hearing?


**A: yes you can fight it but you will not stand a chance as the judge will ask, ok, for the record what is the correct spelling of your last name?


#############

Also, he checked the "estimated" box instead of the "radar" box, which calls into question whether he used radar or estimated the speed. If he estimated, can I question is ability to judge speeds by eye? If he used radar, is this another element of a defective citation?

**A: I am not sure the speed was judged by eye. Anyway, why were you speeding?
 

The Occultist

Senior Member
Also, he checked the "estimated" box instead of the "radar" box, which calls into question whether he used radar or estimated the speed. If he estimated, can I question is ability to judge speeds by eye? If he used radar, is this another element of a defective citation?
Please note that when an officer is trained on how to use Radar, he is actually being trained how to visually estimate speeds.

Also, why would there be a checkbox on the ticket for "estimate" if it wasn't acceptable? You do know that Radar units don't print out any sort of receipt for locked in speeds, right? And then you also have to keep in mind is that all a locked in speed means is that he clocked "something" at some point moving that fast, not necessarily your vehicle at that time.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top