Speeding Ticket in Texas

[csoechting]

I received a citation recently on which the officer made several mistakes, wrong month and wrong make an model of my vehicle. I was traveling on a 2 lane divided road at night. I was in the left lane which a vehicle just ahead of me in the right lane. The vehicle ahead of me hit the brakes as I continued travelling, a few seconds later I passed a stationary patrol car that pulled me over. I was written a citation for 60MPH in a 50. I didn't argue with the officer, I said what I had too an took the ticket. I figured I got the ticket because I was drive a sports car. Later I notice the the officer wrote the date as 11/12/2004, this was 10/12/2004 and she corrected the year, originally she wrot 2003. Furthermore my car was listed as 4dr, I drive a 2dr coupe. I requested a motion to dismiss at the pre-trial based on the errors, the judge denied. I have a jury trial scheduled in 20 days.

Surely if the officer was confused about the date and make of my car when they had the insurance and ran my registration, the officer was confused by who was speeding.

Anyone have any advice to give a good shot at winning?

Thanks.

[aaron]

Clerical errors on a traffic ticket of the type you describe usually aren't enough to defeat the ticket. You aren't denying, after all, that it was you driving the car on the date alleged. You can argue that the officer's multiple errors call into question the speed recorded on the ticket, but if you want to establish that the speed is incorrect you would likely have to testify as to an actual speed. Otherwise, with nothing to refute the officer's testimony, the court will probably accept that testimony as to speed.