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  1. #1
    Join Date
    Mar 2012
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    12

    Default Got Ticket for Driving in the HOV Lane with Error on Tickets

    My question involves a traffic ticket from the state of: Washington

    I was driving on an on ramp and I switched to the HOV lane but switched right back over but the officer still pulled me over. The ticket was handwritten but there are several errors I have seemed to notice. First I cant read or anyone else can read what the ticket says. Second the RCW is written either 466/050 or 966/050. I know it is suppose to be RCW 46.61.050. Does it count as the wrong RCW or statue code if he doesnt put the decimals or you can't read the numbers. Also the time of the violation is suppose to be in 24 hour format. The time looks like 0036. I know it happened at 0836 but the ticket doesnt say that. I want to contest this, does any of the points above make for a dismissal?

  2. #2
    Join Date
    Sep 2011
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    Default Re: Got Ticket for Driving in the Hov but Error on Tickets

    Nope. I suggest it is 4661050. If the officer can read it he's good. You can always call for your court date.

  3. #3
    Join Date
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    Default Re: Got Ticket for Driving in the Hov but Error on Tickets

    Check and see if you can request an information to replace the ticket. A judge will give the cop the opportunity for him to testify as to what the ticket says .. if you do not do something prior to trial about this illegible notice then that's on you, not the cop.

  4. #4
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    Default Re: Got Ticket for Driving in the HOV Lane with Error on Tickets

    Quote Quoting xzibit3452
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    MFirst I cant read or anyone else can read what the ticket says.
    Bad handwriting is not an error, as such, although it is an inconvenience. If you receive a courtesy notice from the court, that may include the information you can't read. The copy in the court file may be more legible.
    Quote Quoting xzibit3452
    Second the RCW is written either 466/050 or 966/050. I know it is suppose to be RCW 46.61.050.
    It's more than reasonable to infer that the ticket says, 4661050.
    Quote Quoting xzibit3452
    Does it count as the wrong RCW or statue code if he doesnt put the decimals or you can't read the numbers.
    You just told us that you can read the numbers and can figure out from them what statute is involved, so that's not an issue.
    Quote Quoting xzibit3452
    Also the time of the violation is suppose to be in 24 hour format. The time looks like 0036. I know it happened at 0836 but the ticket doesnt say that.
    You are free to argue to the court that the "8" looks like a "0". You can expect that the officer will testify that it's an "8", and you can expect the court to observe that you know what time it was because you were there.
    Quote Quoting xzibit3452
    I want to contest this, does any of the points above make for a dismissal?
    I would not expect so. If you want to give it a shot, the state is going to have the opportunity to reissue a more legible ticket or provide a more legible copy; if you do not raise the issue until you get to court, I wouldn't expect the court to be particularly impressed with the information you've shared so far.

  5. #5
    Join Date
    Mar 2012
    Posts
    12

    Default Re: Got Ticket for Driving in the HOV Lane with Error on Tickets

    But could i go in court and make a motion for dismissal saying that he put the wrong RCW because of no decimal points. If you were to look up what he put down on the ticket nothing would show up unlike if he put the decimal points. Also could I make a motion saying he put the wrong time?

  6. #6
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    Default Re: Got Ticket for Driving in the HOV Lane with Error on Tickets

    You can go into court and argue that gravity doesn't exist. The fact that you can make an argument doesn't mean you'll win it.

  7. #7
    Join Date
    Feb 2010
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    1,383

    Default Re: Got Ticket for Driving in the HOV Lane with Error on Tickets

    I have never seen a case dismissed simply because of defects in the NOI or the Information. The prosecutor can, and will, amend the charge to read as it should as soon as you state the motion.

    If you have discovery, post it. Otherwise, we can't help.

  8. #8
    Join Date
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    Default Re: Got Ticket for Driving in the HOV Lane with Error on Tickets

    Quote Quoting BrendanjKeegan
    View Post
    I have never seen a case dismissed simply because of defects in the NOI or the Information. The prosecutor can, and will, amend the charge to read as it should as soon as you state the motion.

    If you have discovery, post it. Otherwise, we can't help.
    Yes, this would have to be a pre-trial motion...the OP is grasping at straws ... it may be that is the only defense the OP sees as being viable ... and its not going to be successful. See if a request to replace the ticket with an information is the OP's only hope (hoping that the DA is too busy or lazy to do it).

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