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Speeding Ticket with wrong car/color...maybe a dismissal?

collegeshoppingcollegeshopping Registered User Posts: 1,935 Senior Member
edited October 2011 in Parent Cafe
I received my first speeding ticket ever and was a bit pi$$y about it...haha...because although, yes I was speeding, so was everyone else and in all honesty, not to split hairs, but I am pretty sure I was driving around 78/79 (in a 70) but he says 82. Regardless, when I got home I looked at the ticket more closely and the car make and color are wrong. The plate is correct. I looked on my insurance car and registration and they both say my correct make and model. I called podunck sheriff station and they said write a letter and send it to the judge. (really small town, no traffic light kind of place 250 miles from home). Do I have any chance of having this dismissed based on this error. I plead the 5th on all other matters...lol.
Post edited by collegeshopping on

Replies to: Speeding Ticket with wrong car/color...maybe a dismissal?

  • engineer4lifeengineer4life Registered User Posts: 422 Member
    When you say make, are you referring to the brand? i.e., you drive a toyota and he wrote down Chrysler?

    How wrong is the color? If he wrote down brown, and your car is chocolate, that might be difficult case to make. But if you drive a blue and he put red, then there might be more of a case.
  • NewHope33NewHope33 Registered User Posts: 6,208 Senior Member
    I estimate your chance of success at 5%, because the plate number was right. But 5% is better than zero, so by all means write the letter. Be sure to include that you were traveling at the speed of traffic, and that you've never gotten a ticket before. I think those might carry more weight than "the officer was a retard who couldn't even get the make and color of my car right." Write carefully my son.
  • amtcamtc Registered User Posts: 2,863 Senior Member
    In NY that is cause for dismissal, don't know about other places.
  • artloversplusartloversplus Registered User Posts: 7,920 Senior Member
    I think you have a good chance being dismissed. The plate number is when they stopped you and copied from your registration, the color and make is the impression when they clock the speeding car. You have a strong argument.
  • collegeshoppingcollegeshopping Registered User Posts: 1,935 Senior Member
    Yes, the brand is not correct, the ticket does not specify model. So the ticket says (just an example) Toyota silver and I drive a Lexus Black. (again an example) but the colors are representative of the actual colors in question. And I drive a "luxury" version of particular car company, but complete different makes like the Toyota/Lexus example.
  • OhioMom2OhioMom2 Registered User Posts: 639 Member
    You have NO CHANCE of getting this ticket thrown out on this. My niece just went through this. A police office can amend a ticket. If you go to court to try to get it dismissed with the wrong car defense, the prosecutor will get a continuance, have the officer amend the ticket and then come back for your next court hearing and you will be screwed. Trust me on this. It just happened to my niece. Just go in and say you made a mistake, your sorry, blah, blah, blah. And ask for deferred adjudication (meaning if you stay out of trouble for a certain period of time, say 6 months for example, they will take it off of your record and you won't have any points - just like it never happened). You will have to pay the fine but that's life. But be contrite and nice, or they won't want to do the deferred adjudication. ***I don't know how old you are, but the scenario I just described was regarding a 17 year old***
  • amtcamtc Registered User Posts: 2,863 Senior Member
    Obviously it depends on where you were ticketed because it seems that Ohio is different from NY.
  • collegeshoppingcollegeshopping Registered User Posts: 1,935 Senior Member
    Texas. I am going to send the letter with a photo of my car, etc. I guess it is worth a shot. If it fails, I pay the fine. I think it is at least worth a stamp and 30 minutes of time.
  • goldenbootsgoldenboots Registered User Posts: 11 New Member
    If you're in Texas, then you are done. The Texas legal system does not mess around.
  • ShrinkrapShrinkrap Registered User Posts: 11,788 Senior Member
    My son got s speeding ticket, paid it, registered for, took and passed a class to get it off his record. In persuing the proof, we learned the ticket had the wrong license number (from his drivers license)! He cleared zipcar's record review, and I think it may never have been on his record! Oh well, still a good lesson learned, with no horrible consequences.
  • minimini Registered User Posts: 26,431 Senior Member
    I got a ticket for driving too fast in a zone "when children are present". I went to court. The officer and I agreed that "no children were present".

    The judge found me guilty, saying "There should have been children."
  • sk8rmomsk8rmom Registered User Posts: 5,746 Senior Member
    I would look up the penalties for 10+ over the limit, have a chat with your insurance agent, and go from there. It may be worth paying one of their local lawyers to represent you as that will increase the likelihood of a dismissal or at least a reduced charge. It doesn't matter that everyone else was speeding too, but the fact that you may have been misidentified might be more persuasive. My dad was often successful defeating speeding tickets on the grounds that the radar devices were not calibrated, the ticket was written improperly, etc. despite the fact that he really was over the limit.
  • Nrdsb4Nrdsb4 Registered User Posts: 14,783 Senior Member
    It's been 21 years since I got a ticket, but it used to be in Texas that you could get deferred adjudication for a ticket if it was your first or it had been x years since your last one. You could also get it off your record if you took a defensive driving class. None of that would work if you have other recent tickets.
  • chaoseschaoses Registered User Posts: 1,039 Member
    was the cop drunk? just saying... how could he get those information wrong when you gave him the registration? If you can prove he's drunk maybe you can get out of this ticket.
  • BCEagle91BCEagle91 Registered User Posts: 22,762 Senior Member
    If he was sitting in his car looking at cars and their speeds, he might have picked the wrong car to pull over. If everyone was driving at the same relative speed, then that's probably okay as the speed of the car that was clocked would be similar to cars around it. So he might have had the color and make in his mind when he was in his car but then pulled over a different car. It takes a few moments to open your door and get out and cars can move a lot of distance at highway speeds.
This discussion has been closed.