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  1. #1
    Join Date
    Feb 2006
    Location
    NY
    Posts
    1

    Default Misspelled name on traffic ticket

    My friend was driving with me in the back passanger seat when we got pulled over, with the police officer alleging we were going 81 in a 55 mile an hour zone. The police officer was driving towards us and told us he clocked us with the radar going 81.

    This hapened in Oregon about 10 miles from Klamath Falls area. When the police officer filled out the ticket, he misspeled my friend's name, skipping a leter from the name.

    1) Is that sufficient ground for the dismissal of the ticket, as the name on the ticket does not match the name on his driver license?

    2) Also the whole time I had MS Streets program opened with the GPS device, with the program showing the speed, and the speed it was displaying was less than the speed on the ticket. Can the printout fromt he program be used as a proof that we were actually driving less that what the police officer recorded?

    3) Also, the way the officer wrote some numbers on the ticket, they look like different numbers, for example 2 looks almost like 7, can it be argued that just as the offices is unable to correctly write numbers so he incorrectly read the speed of the radar gun, or is this a too farfetched argument?

    Thanks.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,527

    Default Re: Misspelled name on traffic ticket

    Quote Quoting grisha
    1) Is that sufficient ground for the dismissal of the ticket, as the name on the ticket does not match the name on his driver license?
    Generally, no.

    2) Also the whole time I had MS Streets program opened with the GPS device, with the program showing the speed, and the speed it was displaying was less than the speed on the ticket. Can the printout fromt he program be used as a proof that we were actually driving less that what the police officer recorded?
    It's certainly worth bringing in as some evidence that he was NOT speeding. But it may not be as reliable as the radar ... are you prepared to bring in an expert in that particular technology and device to verify its accuracy?

    3) Also, the way the officer wrote some numbers on the ticket, they look like different numbers, for example 2 looks almost like 7, can it be argued that just as the offices is unable to correctly write numbers so he incorrectly read the speed of the radar gun, or is this a too farfetched argument?
    VERY far-fetched.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  3. #3
    Join Date
    Jan 2006
    Location
    Ontario
    Posts
    174

    Default Re: Misspelled name on traffic ticket

    Quote Quoting grisha
    1) Is that sufficient ground for the dismissal of the ticket, as the name on the ticket does not match the name on his driver license?.
    The officer will ID the driver in court... I doubt misspelling would be an issue at that point.

    Quote Quoting grisha
    2) Also the whole time I had MS Streets program opened with the GPS device, with the program showing the speed, and the speed it was displaying was less than the speed on the ticket. Can the printout fromt he program be used as a proof that we were actually driving less that what the police officer recorded?
    Does the printout show 55 mph?? If it shows you were still speeding, just not as high, they have the right to just charge you at the lower speed... but that's still a "mark" on her driving record (groan)

    Quote Quoting grisha
    3) Also, the way the officer wrote some numbers on the ticket, they look like different numbers, for example 2 looks almost like 7, can it be argued that just as the offices is unable to correctly write numbers so he incorrectly read the speed of the radar gun, or is this a too farfetched argument?
    My recent tickets are scattered with illegible characters. I'm a draftsman, so it drives me crazy, but I doubt it will work as a primary defence. Won't hurt to bring it up when questioning the officer on the stand though.

    Tips:
    1) Plead NOT Guilty.. it won't cost you any more if you lose
    2) Spend several ours on the net searching for defence info... There's lots of free stuff out there. I recently paid 30$ for a thorough downloaded tutorial on fighting speeding tickets (includig sample trials), and found it was MUCH more usefull than the huge pile of free stuff I have collected. Cheap education for future encounters, too.
    3) Try not to be intimidated by court. Feel free to express your nervousness to the judge, take a few minutes now and then to review your notes, take a deep breath, ...you'll get through it
    4) In return, tell me how I can aquire a radar-detecter up here in Ontario!!! LOL

    Book'm

  4. #4
    Join Date
    Aug 2005
    Posts
    117

    Default

    Since the cop won't have anyone there as an expert who can testify as to the accuracy of thws radar, you should have to have someone from the Defense Deparment testifying their GPS signals are accurate.

    As to identifying your friend, if you were to have someone else walk up to the stand in his place, then when the cop id's him, then expose him for being an idiot.

    This scenario works pretty much all the time, which is why cops who hear of the tactic try to scare you off from using it by claiming the judge will hold you in contempt, a laughable scare tactic cops use so they don't embarass themselves in front of the jduge and gallery.

    The gps readout is highly admissable....subpoena ducves tecum the radar manual, the certificate of calibration, the certificate of accuracy on the tuning fork, all of which the cop will ignorre, then petition the judge to hld the cop in contempt of court for disobedience to a lawful subpoena and later sue him civilly for disobediencve as well as file a personnel misconduct complaint with his or her agency.

    Remeber, ALWAYS go nuclear on these people whose sole mission in life is to steal your $

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,625

    Default

    You wouldn't need only an expert who can testify as to the GPS signal; you would also need an expert on the GPS equipment being used to process the signal. And my guess is that the experts would defer to the police radar and car spedometer.

    Pulling a stunt where you try to get the officer to identify the wrong person, without informing the court in advance? Fun in movies, but not particularly acceptable in real life.

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