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Question about wrong info on speeding ticket?

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Old Dec 1, 2002
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Question about wrong info on speeding ticket?

OK i'm rolling through North Carolina, right outsie of Jacksonville not paying attention, and next thing i know is there are flashing lights behind me. The officer gets me for 70 in a 55. So i drive off, and get home and start reading over the ticket, and notice that he has my age as 22 (i am 21), and as the time of the ticket 6:07 am (it was really 6:07 pm). Can these mess ups help me in any way. Please help anybody.
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Old Dec 1, 2002
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hey i just gotta ticket too yesterday in NC, for 80 in 65...he also messed up my ticket, saying my court date was 2/12/02?? i saw it and was like huh, that already passed, but this is when i got back...dont think it'll make a difference though....
i guess you could take it to court and say something....
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Old Dec 1, 2002
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I dont know if youy could get off on this or not. I have heard of things like this and if you can prove that they were not paying attertion to all the details then maybe he didnt get the speed right either. I am not 100% sure on this because the age doesnt really matter all the much, but the time might. Some of the other guys on the site might know better, correct me if I am wrong.


Later

Crashoveride
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Old Dec 1, 2002
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yeah, i was thinking the same thing about the age But I could prove I wasn't in that area at 6:07 (pm).
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Old Dec 1, 2002
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I think that if you proved that he wasn't paying attention to thoes you can make a case about not paying attention to other details like your speed. I would argue that when he wrote the ticket he had your drivers licence with him and could have easily checked your correct age and that you were not in the area at the time on the ticket and again it is easy to tell the difference between am and pm.
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Old Dec 1, 2002
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just say that you were not out then, and that someone must have stollen your car drove it, got the ticket, and parked it back were it was before u woke up at 7am. because u were asleep at 630am, and you are not of that age, so it must have been someone else who was driving[IMG]i/expressions/face-icon-small-wink.gif[/IMG]
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Old Dec 1, 2002
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[hr]Originally posted by: player
just say that you were not out then, and that someone must have stollen your car drove it, got the ticket, and parked it back were it was before u woke up at 7am. because u were asleep at 630am, and you are not of that age, so it must have been someone else who was driving[IMG]i/expressions/face-icon-small-wink.gif[/IMG][hr]
How is he going to explain the fact that he knows when the court date is and he knew to show up with the ticket in hand? Think two moves ahead.

I'd try the defense stated earlier about the lack of attention to detail. I doubt it will do any good but the worst case is the one you don't plea.

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Old Dec 1, 2002
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[hr]Originally posted by: silverdevil
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[hr]Originally posted by: player
just say that you were not out then, and that someone must have stollen your car drove it, got the ticket, and parked it back were it was before u woke up at 7am. because u were asleep at 630am, and you are not of that age, so it must have been someone else who was driving[IMG]i/expressions/face-icon-small-wink.gif[/IMG][hr]
How is he going to explain the fact that he knows when the court date is and he knew to show up with the ticket in hand? Think two moves ahead.

I'd try the defense stated earlier about the lack of attention to detail. I doubt it will do any good but the worst case is the one you don't plea.[hr]
ok this is the full story,
u woke up at 7 and found this ticket on your windshield,

so call the cops and tell them that and that u dont know how it got there and that the court date has passed, and then they should assign you another date, and that when you continue with my story above, about you thinking it was stollen, as you left the dorr open that day.
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Old Dec 1, 2002
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I thought they had to through out the ticket if they wrote wrong info on it? At least that's what I've heard about how it goes here in Cali.
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Old Dec 2, 2002
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Humm yeah I would say go in and make a note of that u never know what may happen.

Nick
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Old Dec 2, 2002
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dont try and say it wasnt u... cuz dont they have the cameras on their car and everything? i mean, the camera would of recorder u talkin with him and him giving u the ticket right?
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Old Dec 2, 2002
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[hr]Originally posted by: 301CiViC5
hey i just gotta ticket too yesterday in NC, for 80 in 65...he also messed up my ticket, saying my court date was 2/12/02?? i saw it and was like huh, that already passed, but this is when i got back...dont think it'll make a difference though....
i guess you could take it to court and say something....[hr]
I got one of those around the turn of last year.

The ticket is actually a contract in which you promise to appear on or before a given date. If the date to appear was before the date of the ticket the contract is impossible to fulfill and unenforceable.

This is a ballsy move, since a warrant may be issued against you for failure to appear, but if you're up to it, read on. What you should do is not appear, then call the court clerk a few days later and ask for info on your citation. If they tell you that your missed your court date and blah blah, then tell the clerk there was no possible way to make that date because it was before the alleged violation. See what the clerk has to say about that. Whatever you do, don't show up for the initial court date, don't get it extended, nothing. Pretend it doesn't exist. If you get an extension, you've blown it.

If a warrant gets issued against you for failure to appear, then you'll probably have to go talk to a judge about that warrant, at which time I would say something like: "It's no surpise to me, your honor, that a failure to appear warrant was issued against me. My appearance date was before the alleged violation, therefore there was no possible way I could have fulfilled it." Then make a motion to have both that citation and your warrant dismissed.

Like I said, it's ballsy and might be a lot of trouble, but it should work.

Something else that might happen: Sometimes the court clerk will catch mistakes that the officers make and correct them. When you get your courtesy notice in the mail, look at your appearance date. If the date is different than the one on your copy of the citation, then it should not be hard to defeat since that is not the terms of the original contract you signed. I'm not up too much on contract law, but a contract that has been altered after it has been signed shouldn't be too hard to get dismissed.
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Old Dec 2, 2002
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Had a similar ticket with incorrect data that I tried to fight on grounds that the officer was incorrect in his reporting and could not be trusted for the rest of the stuff. The judge shook his head and told me to pay up. Save yourself a headache and cough up the cash.
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Old Dec 2, 2002
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Seems like the cops are being some lousy workers[IMG]i/expressions/laugh2.gif[/IMG]
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