Wrong Name on Ticket

[myshtern]

Colorado

Hi everyone,

Today I recieved a speeding ticket for driving 48 in 30mph zone. The officer wrote out the ticket and wrote down all of my information including driver's license number, size, height, etc...

The car is registered under my father's name, so my name isnt on most of the paperwork.

Anyway, the officer wrote down all of my information but my dads first name and middle initial. Since we arent the same size, height, etc... I think this could be used to get the ticket dismissed.

Should I just have my dad go to court and say, "This isnt my size or driver's license number, I shouldnt be getting this ticket."?

Thanks for any input

 

[Peetie]

Cop wrote down the license number?

Say what you want, they'll know who was driving. It doesn't matter who owns the car, unless it was stolen.

 

[myshtern]

The cop wrote down my license number, but my dad's name.
So if my dad goes to court, the cop never pulled him over.

BTW - This cop was waiting at the bottom of a very large hill. This was a speed trap. I am an ethical person

 

[Peetie]

It doesn't matter. He wrote the license number and your physical description.

Unless you and your father are very similar in appearance, they'll know who the ticket was issued to. The license number will be the clincher.

 

[xavier2000]

Nails to the cross buddy. Pay up.

 

[myshtern]

So you're saying, that when my dad goes to court, they will drop the ticket against him and then give me a ticket?

He wrote down my physical description but my dads name, so my dad will be called to court. But when my dad gets there, he can just say that the officer had never issued him a ticket and the physical description and the license number dont match his.

 

[Curt581]

So you're saying, that when my dad goes to court, they will drop the ticket against him and then give me a ticket?

He wrote down my physical description but my dads name, so my dad will be called to court. But when my dad gets there, he can just say that the officer had never issued him a ticket and the physical description and the license number dont match his.

I'm a little confused.
Why would the officer write down your Dad's name on the ticket?

If I had to guess, it sounds like either you didn't have your license with you, or don't have one at all. When the officer asked who's car you were driving, you said it was yours. The officer used the registration information on the speeding ticket.

Yeah, the citation with your Dad's name on it will be dismissed. But not before the court asks him who the citation was really issued to. When he tells them, (and he will) a new one will be issued in your name...

Along with a criminal charge of Obstructing an Officer, or similar law in your state that covers lying to the police.

Nice going. By trying to be slick, you're gonna screw yourself.

 

[Crazed98]

I'm a little confused.
Along with a criminal charge of Obstructing an Officer, or similar law in your state that covers lying to the police.

Nice going. By trying to be slick, you're gonna screw yourself.

I don't think he was trying to be slick but even if he was it should be the officer's duty to get the right information.

It doesn't matter who is on the registration or insurance it depends who is driving the car.

Even if he said it is his car it could be but just in his father's name for insurance purposes.

I know your a police offiicer Curt so I was just wondering if a ticket can be fought for having the wrong info on it.

I know a cop who was pulled over by another cop in a different police district and given a speeding ticket. But the cop who wrote the ticket the the wrong year for the car and the cop was able to fight it in court and got it dismissed.

 

[CdwJava]

This is just one more reason why I tell my officers that if the person they stop does NOT have any good ID on them, they need to take them to jail! It keeps this sort of game from being played.

Bottom line is that if you want to play a courtroom shell game, get a lawyer to do it. You and your dad could end up getting spanked hard if you try it and it blows up in your faces.

- Carl

 

[Curt581]

I don't think he was trying to be slick but even if he was it should be the officer's duty to get the right information.

We can only go so far. Traffic law in every state requires that you identify yourself upon being stopped by a police officer. If you have no identification, and verbally ID yourself as John Smith, when you're really Bob Johnson, the police having no way to know if you're lying or not. We write the ticket with the info we have. If it's later shown that you lied, it's grounds for an Obstructing charge. I've gotten it charged against people who lied to me. I've seen drivers get sentenced to jail time, because they didn't want to take a speeding ticket.

It doesn't matter who is on the registration or insurance it depends who is driving the car.
Even if he said it is his car it could be but just in his father's name for insurance purposes.

That's true, but if the registration lists to John Smith, and the driver says his name is John Smith, what are we supposed to think?

If we took every person who forgot his wallet at home back to the station to confirm ID through fingerprints, the ACLU would have an conniption fit. And they'd be right.

I know your a police offiicer Curt so I was just wondering if a ticket can be fought for having the wrong info on it.

It depends. If the error was about something substantive regarding the offense, sure, it could be dismissed. For example, the officer inverted the speed numbers, ie 55mph in a posted 78 zone, saying 23 over the limit. That would be a defective citation. However, nothing says the officer couldn't later re-issue a correct one.

I know a cop who was pulled over by another cop in a different police district and given a speeding ticket. But the cop who wrote the ticket the the wrong year for the car and the cop was able to fight it in court and got it dismissed.

Highly doubtful. It's far more likely that someone in the prosecutor's office made it 'go away'.

That type of error is not relevant to the offense, and not grounds for dismissal under 99.9% of circumstances. If it were, every driver cited would say something like, "The officer wrote that my eyes are green, but they're really hazel", or "My car is mauve, and the officer wrote purple" or "The officer wrote that I weigh 150lbs, but I actually weigh 147".

 

[Curt581]

This is just one more reason why I tell my officers that if the person they stop does NOT have any good ID on them, they need to take them to jail! It keeps this sort of game from being played.
- Carl

Taking 'em to jail only works if they've already got prints on file with AFIS. Not to mention, the jail booking folks get P'O'd at us for bringing them in for ID purposes. It interrupts their break time. In my jurisdiction, we can't make 'em post on a civil forfeiture anyway... unfortunately.

What we've started doing is photographing them on the street with a polaroid or a cheap digital. We attach the photo to the ticket buff. If the real John Smith gets suspended for someone else using his name, he usually ID's who the real suspect is. And that person gets a new citation, and a criminal Obstructing, good for up to 30 in the county HOC.

 

[CdwJava]

Taking 'em to jail only works if they've already got prints on file with AFIS. Not to mention, the jail booking folks get P'O'd at us for bringing them in for ID purposes. It interrupts their break time. In my jurisdiction, we can't make 'em post on a civil forfeiture anyway... unfortunately.

We get to drop 'em off as they get to be booked until they can provide satisfactory proof of ID. If they ain't in AFIS, then they have to wait until arraignment or until they provide some form of good ID.

What we've started doing is photographing them on the street with a polaroid or a cheap digital. We attach the photo to the ticket buff. If the real John Smith gets suspended for someone else using his name, he usually ID's who the real suspect is. And that person gets a new citation, and a criminal Obstructing, good for up to 30 in the county HOC.

We take thumb prints and digital images in the field when we can - but this generally with people we kinda know, but aren't sure of the details. For those that are strangers, state law permits us to make a custodial arrest for lack of ID. It's not done everywhere, but we do it here. Ever since I caught a suspect wanted for attempted murder (with an axe) out of Wisconsin, I NEVER rely only on a verbal ID.

- Carl

 

[Curt581]

We get to drop 'em off as they get to be booked until they can provide satisfactory proof of ID. If they ain't in AFIS, then they have to wait until arraignment or until they provide some form of good ID.

Must be nice...

 

[CdwJava]

Must be nice...

For us they ain't civil matters. They're criminal ... not ones we can normally arrest for, but we DO get to require good ID before a signed promise to appear.

But, when I was in San Diego County the jail wouldn't accept our misdemeanor bench warrants. So, you take the good with the bad ... i coul dbook a guy with no ID on a traffic stop, but couldn't hook up the guy that failed to appear for his assault case. Go figure.



- Carl

 

[bspencer]

People (Curt) - Read the question.
He clearly stated that He gave the officer his drivers licence. He in no way told the officer the wrong name. The officer took the name off the Licence Plate as who the car was owned by. I see no way in which an obstruction charge can be filed. I believe it would be safe to attempt to get the ticket dismissed, unless you lied to the officer about something else. Good Luck!