Officer Put Wrong Info On Ticket - Can I Fight This?

[br1190]

I got pulled over by a Texas State Trooper and he gave me a ticket for "following too closely". When writing down my license plate info he marked on the ticket that it was a Texas plate when infact it is a Missouri plate, and I have never registered the vehical in Texas. He did get the number on the plate right but just not the state on the plate. I have pleaded not guilty as of right now. Can I go to court and fight this and get it thrown out or would it be best if i ask for deferred judification?

[lwpat]

Assuming that you have a Missouri license, my information is that you are not eligible for traffic school or a deferment. However, TX traffic court judges run their own little kingdoms. Don't expect to win at trial unless you ask for a jury and retian an attorney.

[br1190]

Thanks for the info. I'll just play it safe and cut my losses and ask for driving school.

[lwpat]

Aaron, we really need the banging head against wall Smilie.

[chuckycheese]

This thing about always suggesting hiring an attorney is totally ridiculous. Sometimes...and, often times, you're just plain better off, financially, taking it upon yourself to defend your own well-being.

Spending a lot of money defending a minor infraction is likely not cost effective in most instances.

[lwpat]

I agree. Note that I did not suggest that he retain an attorney. I just stated that he was likely to lose at trial unless he did retain an attorney. The best way is to negotiate a reduction prior to trial. If you go to trial in traffic court without an attorney you are probably going to lose 95% of the time unless you are very experienced.

[chuckycheese]

Lawyers lose cases all of the time (half of them do, as a matter of fact); there's nothing magic about hiring an attorney. It's wise to pick your battles and use some common sense on the financial pluses and minuses.

I've seen instances where you've suggested that people hire an attorney when (A) they have a very unlikely chance of prevailing and (B) the consequences of being found guilty are not, particularly, likely to be expensive.

Lawyers are like insurance: By 'em if you need 'em; otherwise, you're better off, in the long run, looking out for yourself.

As an aside, in many states there is NO reduction possible in fines for traffic offenses; if you're guilty...you're guilty and you pay the going rate and prescribed rate...period. In California and Oregon, the traffic court judges point that out before proceedings begin.

[chuckycheese]

I didn't mean to sound so harsh! I guess the bottom line is that traffic infractions are probably taken more seriously and handled much differently in different parts of the country.

[lwpat]

I agree but the problem is that many people do not realize the effect one traffic ticket can have. I talk to truckers all the time that just paid a ticket and then get a suspension notice in the mail. That means no job and no income. Even after they get their license back they cannot find a driving job. Same for NC drivers with an out of state 15+ ticket. They pay it and then get hit with a six months suspension.

"Many" is a subjective term and I do not agree with your use of it. Even in CA, it is possible the judge will at least reduce the fine. There are a lot of states where an attorney can get a ticket reduced to a no points/no insurance increase ticket.

you're better off, in the long run, looking out for yourself.

This is true in cases where it is someone like yourself that is familar with the court system. Most people do not know the options available and most traffic courts will not tell you. They only realize their mistake when they get the insurance increase.

[2JIMinCA]

I have defended myself in a half dozen traffic cases and helped about 15 additional people defend themselves as well. So far, not one conviction. I'm not expecially experienced or legally trained. I just got my info from the internet. It's just not that hard to do.