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Author Topic:   Speeding Ticket with the WRONG date, Can I get off?
spoons
Prowler Junkie

Posts: 2083
From: West Palm Beach, FL
Registered: SEP 2000

posted 11-13-2003 05:33 PM     Click Here to See the Profile for spoons     

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.


Gene
Prowler Junkie

Posts: 1256
From: St.Petersburg,Fl USA
Registered: JUL 2002

posted 11-13-2003 05:58 PM     Click Here to See the Profile for Gene     
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


idive
Prowler Junkie

Posts: 8483
From: Texas USA
Registered: APR 2003

posted 11-13-2003 06:34 PM     Click Here to See the Profile for 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.

------------------
Mickey
1997 Plymouth Prowler #156
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This message has been edited by idive on 11-13-2003 at 06:36 PM

Gene
Prowler Junkie

Posts: 1256
From: St.Petersburg,Fl USA
Registered: JUL 2002

posted 11-13-2003 06:53 PM     Click Here to See the Profile for Gene     
Didn't you sign the ticket,if so you had to be there.


spoons
Prowler Junkie

Posts: 2083
From: West Palm Beach, FL
Registered: SEP 2000

posted 11-13-2003 06:53 PM     Click Here to See the Profile for spoons     
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!


idive
Prowler Junkie

Posts: 8483
From: Texas USA
Registered: APR 2003

posted 11-13-2003 07:01 PM     Click Here to See the Profile for idive     
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.


spoons
Prowler Junkie

Posts: 2083
From: West Palm Beach, FL
Registered: SEP 2000

posted 11-13-2003 07:32 PM     Click Here to See the Profile for spoons     
Thanks for the info idive!


idive
Prowler Junkie

Posts: 8483
From: Texas USA
Registered: APR 2003

posted 11-13-2003 10:48 PM     Click Here to See the Profile for idive     
No problem. Good luck and let me know how it comes out.


ed monahan
Prowler Junkie

Posts: 33595
From: Cincinnati, OH
Registered: JUL 2000

posted 11-13-2003 11:59 PM     Click Here to See the Profile for ed monahan     
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.


TLRandall
Prowler Junkie

Posts: 3855
From: Caldwell, Texas United States
Registered: JUL 2002

posted 11-14-2003 08:16 AM     Click Here to See the Profile for TLRandall     
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


Bcoffman Gray Ghost
Prowler Junkie

Posts: 2418
From: Marshall,Mo.65340
Registered: DEC 2002

posted 11-14-2003 03:11 PM     Click Here to See the Profile for Bcoffman Gray Ghost     
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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