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  1. #1
    Join Date
    Mar 2007
    Location
    PG County
    Posts
    3

    Default Multiple errors on a ticket

    I was pulled over in Maryland, pg to be exact.

    The first mistake is the actual violation.The officer wrote "fail to stop at steady circular red signal" (21-202 h 1)
    The actual violation is "fail to stop at red signal before right turn" (21-202 i 1)

    The second mistake is the "location of offense". He wrote down the intersection where he pulled me over(which is about 2 blocks/half a mile from where the offense actually occurred).

    The third mistake is my driver's license number is off by 1 number. (wrote a 6 instead of a 5).

    Everything else seems to be accurate.

    I was going to use the "location of offense" as my defense and take in pictures of the intersection since there is only a stop sign there. Can't be guilty of "failure to stop at a circular red signal" if there is no traffic signal there, right?

    Is there any other way I could fight this?
    What are my chances of getting probation before judgment if I lose my case(this is my first ticket)? If the officer is there, would taking a plea deal be better than trying my case?

  2. #2
    Join Date
    Jan 2007
    Location
    Ontario, Canada
    Posts
    122

    Default Re: 3 errors on ticket

    The second mistake is the "location of offense". He wrote down the intersection where he pulled me over(which is about 2 blocks/half a mile from where the offense actually occurred)...I was going to use the "location of offense" as my defense and take in pictures of the intersection since there is only a stop sign there. Can't be guilty of "failure to stop at a circular red signal" if there is no traffic signal there, right?
    I think this would be your best argument and would be sufficient to have the charge marked withdrawn or have you found not guilty. Good luck.

    All the best!

    Jay

  3. #3
    Join Date
    Mar 2007
    Location
    PG County
    Posts
    3

    Default Re: 3 errors on ticket

    Great. I'm feeling a little bit more comfortable now.

    So what's the scenario in court?

    The officer speaks then I question him on it? Or do I just wait till it's my turn to speak? Do I have to use a motion to have the case thrown out or just wait for the judge's decision?

  4. #4
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: 3 errors on ticket

    Don't get too comfortable -- this won't be a slam-dunk. I think Jay's right that this will be your best argument -- the license number being off by one would be considered a "clerical" mistake and non-prejudicial; the violation: well, if you failed to stop before turning right, you also failed to stop at the light, so you're guilty of BOTH (in fact, I wouldn't even mention this, unless the fine for 21-202 i 1 is less than the fine for 21-202 h 1, and you're trying to make a deal).

    Request a copy of the officer's notes through the discovery process. I don't know how that works in MD, and you'll need to find out. In the notes, check to see if there's any mention of where the officer was located when he/she observed your failure to stop. If there is a specific location (such as "in the parking lot west side of A street, 10 feet from intersection with 1st Ave"), you're in trouble. After reviewing the notes, the officer will be able to testify as to the ACTUAL location of the infraction. The address on the ticket will, once again, be taken as a "clerical" mistake.

    In that case, your only hope is that the officer doesn't show up for the hearing. You should also investigate traffic school (if offered in MD) or deferred findings (if available). Lwpat or Mr. Knowitall may have more information about those options for you.

    Good luck,
    Barry

  5. #5

    Default Re: Multiple errors on a ticket

    I wouldn't bring up the wrong license number. If you end up paying the ticket, this might be enough for it to get lost in the system.

  6. #6
    Join Date
    Mar 2007
    Location
    PG County
    Posts
    3

    Default Re: Multiple errors on a ticket

    Well today was the big day. I didn't expect the officer to show but he was there. I was going to use my defense but before the first case was heard the judge said if we plead guilty and threw ourselves on the mercy of the court he would do his best to keep the points off the record.

    I plead guilty because having the points off my record was really the only thing I was looking for and I doubt I would have won. He gave me probation before judgment for 1 year and my fine increased $10 to $150.

    Lesson learned. I will never be inside another court room unless it's in my favor. Thanks for all the advice.

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