Author
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Topic: Speeding Ticket with the WRONG date, Can I get off?
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spoons Prowler Junkie Posts: 2083 From: West Palm Beach, FL Registered: SEP 2000
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posted 11-13-2003 05:33 PM
Today (11/13/2003) at 1:30PM I got pulled over for speeding by a FL Highway Patrol on I-95. I was just cruising along with traffic following the car in front of me and some how he managed to pick me (silver Nissan Altima) out of traffic. See photo below. He gives me a ticket for doing 74 in a 55, but he wrote November 12, 2003 ... which is the wrong date. Can this ticket legally be "thrown out" on this technicality? On Nov 12 I was at no where near the place I got pulled over because I was at work all day.
Picture taken with my Camera Phone just before I got pulled over.
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Gene Prowler Junkie Posts: 1256 From: St.Petersburg,Fl USA Registered: JUL 2002
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posted 11-13-2003 05:58 PM
Hey friend,afraid you will be out of luck on this one since tickets are numbered and officer can show he just made a mistake on date unless all before and after numbers are 11/12/03. SORRY
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idive Prowler Junkie Posts: 8483 From: Texas USA Registered: APR 2003
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posted 11-13-2003 06:34 PM
I'm a AAA member and get reimbursed on my legal fees for tickets. I even MADE money on a ticket I got out of once when he submitted 2 court appearances to AAA, 1 for arraignment, 1 for trial. They reimbursed me for 2 attorney fees. I have had tickets spelling my name wrong. Not me. Dismissed. Had a ticket once stating "speeding on Hwy 45 south". Where on 45 south? Dismissed. If he made such a simple error on the ticket, what else was in error? Speed? Wrong Car? Dismissed. Most times the cop doesn't even show up. Dismissed. Get you an atty, pay him $10 over cost of the ticket to represent you, and chances are, you'll get out of it. Take proof you were not in that area at that time on that day.------------------ Mickey 1997 Plymouth Prowler #156 Custom car cover Mopar front splash guards Real Rod stainless steel transmission cooler cover Mopar Trailer hitch and harness Real Rod weekender 1992 Plymouth Grand Voyager SE Longhorn scratches Boomerschlobber
This message has been edited by idive on 11-13-2003 at 06:36 PM
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Gene Prowler Junkie Posts: 1256 From: St.Petersburg,Fl USA Registered: JUL 2002
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posted 11-13-2003 06:53 PM
Didn't you sign the ticket,if so you had to be there.
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spoons Prowler Junkie Posts: 2083 From: West Palm Beach, FL Registered: SEP 2000
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posted 11-13-2003 06:53 PM
Mickey, I have AAA, how do I go about getting the paperwork for reimbursement of attorney fees. Just call my local office? The troop was a real jerk too, I was polite & honest. He certainly wasn't to me. I honestly told him I had no idea how fast I was going and I asked him why he pulled me over since I was moving with traffic... he's response was "I don't have to disclose that information" What a Jerk... He should be out catching REAL Criminials!
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idive Prowler Junkie Posts: 8483 From: Texas USA Registered: APR 2003
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posted 11-13-2003 07:01 PM
Yes, call your local office. They will send you forms to fill out. Actually, I think you have to have your atty fill them out. When they state something has to be on his letterhead, it does. You have to plead not guilty. AAA has gotten picky on this in recent years but as long as everything is in order they will reimburse you. They might even provide a list of local attys for you. They did for me several years back. I don't know if they still do that. The paperwork will be submitted after the decision in court is made and I think they have a time limit on how long after so it might be best to get your atty to send you the papers and you send them in. That way you are on top of things. Make copies for yourself.
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spoons Prowler Junkie Posts: 2083 From: West Palm Beach, FL Registered: SEP 2000
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posted 11-13-2003 07:32 PM
Thanks for the info idive!
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idive Prowler Junkie Posts: 8483 From: Texas USA Registered: APR 2003
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posted 11-13-2003 10:48 PM
No problem. Good luck and let me know how it comes out.
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ed monahan Prowler Junkie Posts: 33595 From: Cincinnati, OH Registered: JUL 2000
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posted 11-13-2003 11:59 PM
A judge can dismiss but they can simply refile it, or they can just amend it right there in court. It is all up to the judge's discretion.
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TLRandall Prowler Junkie Posts: 3855 From: Caldwell, Texas United States Registered: JUL 2002
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posted 11-14-2003 08:16 AM
True Ed, it depends on the court. Like Mickey said, Harris County judges will dismiss on any reason, but you come to Brazos County, and they won't dismiss for anything, it doesn't matter what kind of attorney you have. I just got summoned for a jury trial on a ticket in Burleson County!Sorry to hear the trooper was "less than professional" Spoons. It happens in every job sector - not just with cops. We have our share of jerks here also, but those are the ones I ship out of my division! Plead your case to the court and hope that the judge has a better attitude! ------------------ 2001 Mulholland Edition Prowler 2001 King Ranch Edition Ford F-150
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Bcoffman Gray Ghost Prowler Junkie Posts: 2418 From: Marshall,Mo.65340 Registered: DEC 2002
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posted 11-14-2003 03:11 PM
quote: Originally posted by idive: I'm a AAA member and get reimbursed on my legal fees for tickets. I even MADE money on a ticket I got out of once when he submitted 2 court appearances to AAA, 1 for arraignment, 1 for trial. They reimbursed me for 2 attorney fees. I have had tickets spelling my name wrong. Not me. Dismissed. Had a ticket once stating "speeding on Hwy 45 south". Where on 45 south? Dismissed. If he made such a simple error on the ticket, what else was in error? Speed? Wrong Car? Dismissed. Most times the cop doesn't even show up. Dismissed. Get you an atty, pay him $10 over cost of the ticket to represent you, and chances are, you'll get out of it. Take proof you were not in that area at that time on that day.
An idea. If it is ok to get out of paying these tickets, is it ok for someone to walk after murdering or injuring someone because some officer put the wrong date on the ticket? If you broke the law driving over the speed limit, pay the ticket like a man. If you were not speeding, then fight it leagally. Any speeding ticket that I ever got, I paid. JMO
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