Incorrect Make and Year of Vehicle on Speeding Ticket

[caseyt]

My question involves a speeding ticket from the state of: Illinois

Note: I noticed the "ticket errors" section after posting in the "speeding ticket" section - I re-posted here because it more directly addresses the question.

I received a speeding ticket which mistakenly identifies the vehicle I was driving as a TOYOTA 2005 silver, when in fact it was a HONDA 2010 silver.

If I go to court, is this justification for the ticket to be dismissed?

[jk]

were you still speeding in the 2010 Honda?

That fact itself does not alter the fact you committed a crime. It can be used to help support a defense due to the officers lack of detail and powers of observation if such a defense is possible although it, in itself is not enough to support such a defense on its' own.

[caseyt]

The officer signed the citation under the statement "...the undersigned certifies that the statements set forth in this instrument are true and correct."

The make and year of the vehicle are factually incorrect.

The original question stands. If I go to court, is this justifacation for the ticket to be dismissed?

[jk]

The original question stands.

my original answer stands.




If you don't like it, hang on for others. They might answer as you want them to answer regardless of the correctness of their answer.

If nobody gives you the answer you want to hear here, then hire an attorney and tell him the answer you want before you ask the question.


If all else fails, go to court and tell them that you are correct and demand they dismiss the ticket and see how far that gets you.

[BOR]

The officer signed the citation under the statement "...the undersigned certifies that the statements set forth in this instrument are true and correct."

The make and year of the vehicle are factually incorrect.

The original question stands. If I go to court, is this justifacation for the ticket to be dismissed?

I agree with jk, this is what is known as a "harmless error". The law makes allowance for such, as internally it may be a "clerical error". Unless you can show admittance would be prejudicial to you and violate due process, it is unlikely it will be dismissed upon oral request/ written motion.


A harmless/human error does not mean the officer committed willful perjury.


You can ask, and there are 2 opitions:

1. Dismissal with prejudice.

2. Dismissal without prejudice.

Without means it can be refiled.


If the court is tired of police errors to the point it is sticky, you could get a total dismissal.

I doubt any case law on such supports a total dismissal where the court is bound by it, as said, unless you can show it is highly prejudicial.