I was pulled over for doing 45 in a 35 but the officer wrote 25 in a 35, can I get the ticket dismissed?
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I was pulled over for doing 45 in a 35 but the officer wrote 25 in a 35, can I get the ticket dismissed?
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The officer told me she had clocked me going 45 in a 35 zone but on the ticket it clearly says 25 in a 35. Can I get this dismissed?
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pistolavirus
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Yes, you should ALWAYS ALWAYS fight a speeding ticket and especially in this case.
When you go to the judge tell them "you plead not guilty because no crime was committed and show her the ticket".
Some will try to say "the officer can amend the ticket before you are sworn in" but the officer cannot correct it without proof that she knows the correct speed limit, if not then she could be pulling it out at random. As long as you have the original ticket it will get dismissed.
EDIT: "Copgirl"'s answer is incorrect. Whether or not it's a mistake and it obviously is, the judge doesn't know the correct speed to properly fine you. It will get dismissed, no doubt.
EDIT EDIT: No, she's still wrong. The error on the ticket shows the judgement of the officer. The officer says you were going 25 in a 35. Don't listen to the people below who say "you admit to it so why contest it". They made an error and you shouldn't have to pay for a cops error. Copgirl is dead wrong. |
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noncomputerwiz
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Yes! Fight the ticket. |
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alcarrillo911
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pistolavirus is WRONG copgirl....right.
the officer can ammend the ticket. it was a simple mistake that can be corrected. same as if the officer puts the wrong year on the cite. he can correct/ammend it. just because the original ticket has the wrong date doesnt mean its null and void. its still good.
just pay the fine if you know you were speeding. if anything you can set up a payment plan if you cant afford. |
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chicken soup
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yes cuz getting a speeding ticket is bad and trying to get out is a good idea.. i think you should be like i never did this and be like i was on a _____ road with the speed of 35
or omg be like this
i was on ______ road correct?
have the officer say correct
then be like the speed limit was 35 correct
have the officer say correct
then be like here on my ticket you wrote i was driving 35 on a 25 it was a 35 adn i was driving 35 from what you wrote...
so no law was broken :D
and he cant even be like oo no it was 45 or o no
he will have no proof
and he will have admit everything and all you will show is HIS ticket
and it will be all good! :D |
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Copgirl
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No. Tickets can be amended at any time. A simple mistake doesn't change the fact that you were speeding.
EDIT: pistolavirus, Yes, I am correct. I have been doing this for over 10 years. Speeding 10mph over is the charge, and its the same charge whether it was 45 in a 35 or 35 in a 25. Like I said, the ticket will just reflect the speed zone. Fine and charge stay the same. |
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patrick a
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Absolutely, any errors the officer made reflects on his judgment. If he made a mistake on the ticket he could have made a mistake in judging your speed as well. I've been to Traffic court on going through a red light as it changed from yellow and the officer wrote I was traveling at 2 miles an hour and I won. Go to court and say you feel you were traveling within the posted speed limit because no one knows what you were feeling at the time and you too will win in court. |
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Kormcocz
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Traffic tickets are summonses, and are legal documents. But, since various amendments happen to legal documents, I'm afraid they may just right it off as a typo (or brain fart, I guess) and will most likely be over looked. Your best bet, pay the fine than try to prove either incompetency or conspiracy, both costly endeavors.
Be well all. |
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iamct01
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No, in fact the officer can rewrite the ticket for the original amount in court. You will not win or get a plea without a self paid lawyer. I tried it with a magistrate with the argument that the officer must of been confused to what speed I was going if he wrote a ticket different then the radar showed. Three years later, same ticket, beat it with a Lawyer. The cop can be mean and give you the original amount ticket so I hope you were nice when you got pulled over. |
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?
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Yes....take it to court. Don't admit in court you were speeding. The judge may take his error into consideration if you admit your speed and fine you anyway. Play dumb and say you thought you were doing the speed limit. |
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praetoriangrd1
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I don't know about dismissed, I usually say pay the ticket and move on, but in this case, I would definitely go to court and explain my position to the judge or hearing officer, you never know what may happen. |
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alwraith57
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yeah, tell the judge you got a ticket for going 25 in a 35. he is not going to get for going a little slower than the limit.
don't tell him anything about going 45 in a 35.
just agree with the ticket and the judge should dismiss it. |
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robin l
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i am a trooper, the ticket can be amended. you can hire a lawyer, pay 5 times what it would cost to just pay the ticket, and still lose. you admitted to doing it, why would you contest it? |
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oliver reed
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Yes, give it a shot, but by most, the law is always right. even in that case. he may said it was a mistake. |
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MANCHESTER UK
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10 Years being Cop girl Sgt has not taught her a lot. The ticket is evidence. The motorist has the original copy of the HORT1 and any other document issued at the time. If the errors are made by the officer and they are on the top copy in the hands of the motorist, this is hard evidence. Any attempt to change the under-copy(ies) will be dealt with by the Court. The officer will be very embarrassed. |
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cowboy
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I'm going to say no because it's really not a matter of the mistake. If I was the judge I would ask you what speed you were going. If you are willing to lie under oath you might win. |
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j_v_garza
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two things can happen if the officer shows up then he can say that it was a clerical error and u still get the fin or maybe u read the the ticket wrong maybe he saing u drove 35 in a 25 i that case even the officer wrote a ticket the fine will be less u can also plead no contest meaning that u dont plead inocent but u dont concider ur self guilty either |
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