Wrong Name and Description Listed on a Speeding Ticket
My question involves a traffic ticket from the state of: Minnesota
Hello everyone;
I am seeking advice on how to fight a traffic ticket. Please let me provide some background information.
I moved to Minnesota after completing graduate school in Biomedical Engineering in Australia. I came to obtain another graduate degree in Mechanical Engineering at the University of Minnesota - Twin Cities. Although I am African-American, I have lived in about 25 countries globally and have never committed a crime. Although I get jacked up by cops a lot.
On September 28th 2017, I was making my way to school. A cop pulled me over and walked up to me with a disdainful attitude. I remained very polite. He started barking at me and I patiently waited for him to calm down before I responded to him. In the back seat were my 5 previous diplomas that the school wanted to see and certify. He saw them and said so you are one of those smart ones. I did not respond. He gave me a ticket for allegedly going 40 miles per hour in a 30 zone. After I got home, I remarked to my wife who is caucasian that I got a foreboding feeling from that guy and that I didn't think he cared for people of color. But I have been treated well by so many people of all races in my travels that I never judge people. However, that feeling remained with me. That same night I paid the $126 ticket.
Today January 23rd is the day after we had a massive snowstorm in Minnesota. The conditions of the roads are terrible with ice everywhere. Like a bad dream, the same cop pulled me over in the general vicinity of the first incident. But this time I had activated a feature in my Mazda 3 that says "You are over the speed limit" if you go even 1 mile per hour above the posted limit. That thing had not spoken. I knew I was not speeding. The cop approached me and said do you know what the posted sign is? I said it's 30mph. I have been very careful to observe the speed limits since you gave me a ticket last September. I said I was not speeding. This time he gave me a ticket for going 43mph in a 30mph zone. I said to his face you are a ****ing liar. I will fight this. I did not speed. I was royally pissed.
On my way back from school, I stopped and took numerous pictures of the road and the intersection he claimed I was speeding at. It was not possible to have sped there. A snowplow came to clear the snow and ice as I was taking pictures of the place. I saw cars spinning their wheels there. I took pictures of Snelling Avenue and Palace intersection where he claimed I was speeding. I took pictures of snow piled 5 feet high into which I pulled in for him to question me. I was about to write a letter to the precinct to demand the following items when I noticed something remarkable in the ticket:
I was going to ask for: The make and model of the radar detector; the instructional manual; the certification requirements; operating conditions; training requirements; service history; failure rate; the number of tickets issued by the officer; the racial breakdown of the recipients; the officer's personnel history file; record of disciplinary actions; the last time he was trained to operate his guns, traffic monitoring devices and so on. I was mad as heck.
I noticed that the ticket says ID method: DL - meaning Driver's License; But it gave my name as Heather - My wife's name; It gave my wife's height instead of my 6'3"; it gave my wife's eye color of blue and blonde hair; I have brown eyes and no hair; I am 300lbs and not 175lbs; It gave the tag of my car, and then says Sex: Female, Race: Black.
The race part was manually entered because Race is not listed on the Minnesota Driver's License, nor on the New South Wales license that I gave to him. To me this is a clue that this man had it in for people of color. I would like advice on how to go about fighting this ticket.
Please believe me. I was not speeding. I have never smoked nor consumed alcohol in my life. I am 47 and have never ever been to a night club because for some reason cops love to question me and I am tired of being cuffed for hours until they then say sorry, it was not you. I am in the house by 8PM everyday.
Do I fight it on the ground that this is a faulty ticket, or do I go all out and use my skills as an Engineer and Scientist to demonstrate that it was not possible to be going the speed claimed by the officer? Traffic was plentiful there and there were more than one video cameras on buildings that I could probably obtain by asking.
Thank you very much.
Henry
Re: Wrong Name and Description Listed on a Speeding Ticket
Does the ticket also include your wife's driver's license number?
As the ticket is apparently in her name, your wife can schedule a hearing, appear in court along with you, state to the court that she wasn't driving, and back that up with your testimony that you were driving. If the court believes your wife, then court will find in her favor.
It is also possible that if your wife contests the ticket and contacts the prosecutor's office that is responsible for the ticket, she can obtain a dismissal based on the errors without going to court.
If your wife obtains a dismissal, it is possible that the officer would re-issue a ticket in your name.
Re: Wrong Name and Description Listed on a Speeding Ticket
Hello;
Thank you very much for your response. Despite asking for and being given my driver's license, the officer somehow wrote my wife's license number on the ticket. Yesterday I filed a complaint and a request to have the ticket rescinded through the online form with the Saint Paul Police Department. I recounted the story starting with the first time the officer ticketed me in late September 2017 when I was newly arrived from Australia till when he issued me the recent ticket. I included a picture taken 2 hours later on my way home from class. The intersection showed snow and thick ice, and traffic backed up as for at least half a mile. Yesterday Thursday on my way to school, I set my cruise control to 30mph and continued on my way to school. Since I knew what to look for, I kept a lookout for unmarked SUVs. The cop pulled up behind me in his unmarked vehicle and tailgated me. There was less than three feet between his vehicle and mine. He tried to goad me into taking illegal action. I signaled and changed lane. He did the same. Then a person of Hispanic origin flying a Venezuelan flag drove alongside us. The cop then changed lane and harassed the guy until the guy sped up about 3mph above the speed limit. Then the cop turned on his lights and pulled the guy over. He intentionally forced that guy into speeding.
I have now ordered a Uniden R3 radar detector and a front and rear camera system that automatically also records my speed. I think this cop is out of control. The ticket says we must wait 10 days before contacting the court in the event we wish to fight it. We will commence fighting it if they do not rescind the ticket. Plus I will be able to document the officer's actions in high definition video if he continues to harass me. Why should a cop who made so many mistakes on issuing a ticket be more believable than a law abiding citizen? We know cops lie through their teeth. The events in Baltimore is detailing how cops were burgling and robbing people. The burden of proof is not on me. I am quite willing to tell the judge your honor I refuse to pay whatever fines you may impose and I will not pay this ticket. You can take my license right now. I am more than ready to move my family to Europe than allow myself to be victimized by a racist system. I thank god I am in a position to live in other countries if I am not wanted here.
Thanks bud.
Henry
Re: Wrong Name and Description Listed on a Speeding Ticket
Quote:
Quoting
BrokerHenry
I am more than ready to move my family to Europe than allow myself to be victimized by a racist system. I thank god I am in a position to live in other countries if I am not wanted here.
With your attitude, I for one don't want you here...have a nice life in Europe.