ExpertLaw.com Forums

Can You Get a Speeding Ticket Dismissed if the Ticket Doesn't Identify the Statute

Printable View

  • 10-26-2016, 07:40 PM
    gonzalj1
    Can You Get a Speeding Ticket Dismissed if the Ticket Doesn't Identify the Statute
    My question involves a traffic ticket from the state of: Maine

    A couple of months back I got my first speeding ticket. I reside in Massachusetts but I got the ticket in Maine. Upon receiving the ticket I called some traffic lawyers and decided to dispute it as I had nothing to lose. I just got my court date today 4 months after I actually received the ticket. The ticket itself reads as follows, I have also linked a picture below though it may be hard to read: http://imgur.com/BPB7XeV

    Violation #1, Alleged 79, Legal 60. Circle One: Radar. Title and Section LEFT BLANK, Amount Due $185.


    I am wondering if there is any way I can get dismissed due to the Title and Section being left blank. As I understand (and mind you this is coming from an Engineer who did some research, not a lawyer, obviously), the officer that gave me this failed to provide a statute of which I violated. Would this be grounds for dismissal?

    Some other, perhaps not important details. I have a clean driver's record in MA. I had never driven this highway before (95), but I did see that down the road (and I mean less than a mile), the speed limit was posted at 75 mph. I know I had my cruise control set to 75 mph due to a previous speed limit sign I had seen, this must have just been a short stretch of road where it changed to 60. By no means was I passing cars, just cruising to what I perceived to be keeping up with traffic.

    Thanks in advance for taking a look at this! Let me know if there is anything I can clarify.
  • 10-27-2016, 01:24 PM
    Mr. Knowitall
    Re: Can You Get a Speeding Ticket Dismissed if the Ticket Doesn't Identify the Statu
    From what I'm seeing, "The summons [for a civil violation] must include the signature of the officer, a brief description of the alleged violation, the time and place of the alleged violation and the time, place and date the person is to appear in court." Maine Statutes, Title 17-A, Sec. 17. Thus it would appear that the specific identification of the statute is not required to be given, as long as the ticket describes the offense.
All times are GMT -7. The time now is 10:11 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved