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  1. #1
    Join Date
    Jul 2008
    Posts
    1

    Default Officer Misspelled My Last Name

    My question involves a traffic citation from the state of: California

    I recieved a ticket last month and there was no amount due on the ticket. I was to recieve the amount due in the mail several weeks later. I recieved in the mail the amount due, however, my last name was mispelled on this document. I went to look up my case online and had to look it up under my mispelled last name. So the case is under a last name that isn't mine. On the original ticket, my last name was spelled correctly. My question is do I have to pay this cause the case is under someone else's last name? Should I call the office and say no one of that name lives here? What are my options and can I get away with not paying it? Thanks in advance.

    SGS

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,070

    Default Re: Mispelled My Last Name

    A typo is not sufficient to get your ticket dropped.

    Misspelt last name =/= wrong last name. It would be one thing if your name is Smith and they spelled it Miller, but it's totally another if your name is Smith and they spelled it Smiht.
    I'm not a lawyer, but I play a researcher on the internet!
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  3. #3
    Join Date
    Aug 2007
    Posts
    3,837

    Default Re: Officer Misspelled My Last Name

    An error deemed to be "harmless" as they are referred to at times, that is not overly prejudicial to a defendant will stand, even a misnomer.

    You can of course plead such, but don't expect any dismissal??

    One possible applicable section:


    CA Penal Code:



    1404. Neither a departure from the form or mode prescribed by this Code in respect to any pleading or proceeding, nor an error or mistake therein, renders it invalid, unless it has actually prejudiced the defendant, or tended to his prejudice, in respect to a substantial right.

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