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  1. #1

    Default Ticket Error Question in Oklahoma

    My ticket question involves a speeding ticket I recieved for speeding in a work zone on a local road. The main question is about an error on my ticket. I know based on previous posts here I have read that a ticket error isn't perfect ground for getting a ticket thrown out. However, on my ticket, the officer lists my DL # as K01****** (* used to protect my personal information) which is my correct number(I have a Kansas DL and it is my state of residence). However, this occured in tulsa oklahoma where I attend college and next to listing my DL number on the ticket, he listed my DL state as "OK" which is short for Oklahoma. This is the main error. Another minor error is that the ticket says I have a class "D" lisense class and my DL(from Kansas) clearly says "non-comercial class C". I am guessing he was on autopilot mode and filled out the DL state and class type as if I was a typical OK driver with a OK drivers license, which I am/do not.

    I understand that ticket errors are not the strongest defense for fighting a ticket but technically there is no such Oklahoma DL as the one he listed. Do I have a chance here to get this ticket reduced or thrown out?

    I just recieved this ticket about 3 hours ago(12am local time), and I was considering going in to talk to someone at the ADA's office in the morning. What level of wiggleroom should I be trying to get? Should I be happy with a slight decrease in fine or should I insist on it getting thrown out?

    Also, is there any case law I could bring up that would support my cause and maybe convince them that my ticket isn't worth the trouble?

    I don't know if this helps any but here is the background on the ticket. The usual road speed is 45. The construction zone speed is 30. I was clocked on radar going 44. He listed my speed on the ticket as 44 in a 30 but only citied/fined me for the 1-10 over fine, which was $150. He also didn't double the $150 fine, which he says he could have done because it was a "work zone". I am a college student and really don't have much extra cash to pay it but I don't know how much sympathy I would get with the ticket office because my vehicle type is a 2005 luxury/import car(given by my parents for a full ride to school and not an accurate reflection of my personal financial situation)

  2. #2
    Join Date
    Dec 2004
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    Default Re: Ticket Error Question in Oklahoma

    First, please understand that I have, literally, NO knowledge of OK or KS law. However, I don't know of any other "regulars" on these forums who do. Lwpat or Mr. Knowitall might, but I'm not sure. If they do, hopefully, you'll hear from them, as well.

    Given that disclaimer, here's my GUESS. Your ticket is a "charging instrument". It claims that an officer had "probable cause" to think that someone committed some crime (or infraction) at the time and place shown on the ticket. As long as the name and address of the "someone" is correct, any other identifying information would probably be considered "supplemental" or "administrative" in nature. Are you going to stand in front of the judge and claim it was NOT you, since the DL state was wrong?

    Now, I don't know how courts work in OK, per se. However, some places would allow the judge, seeing that the officer has already cut you TWO breaks, to reinstate the "actual" speed shown on your ticket, as well as impose the "double" fine provision in the law. In WA, for example, the law reads:
    Quote Quoting RCW 46.61.527
    (3) A person found to have committed any infraction relating to speed restrictions in a roadway construction zone shall be assessed a monetary penalty equal to twice the penalty assessed under RCW 46.63.110. This penalty may not be waived, reduced, or suspended.
    Note that this says "a person found to have committed....", in other words, if the court finds you guilty. So, even though an officer might not have doubled the fine, the court would be within its descretionary powers to impose it.

    Personally, I think you're better off just paying the small fine (since it could have been a lot worse), and then hoping that the incorrect DL information will prevent the conviction from being sent to KS, where your insurance company might learn of it.

    But, others might disagree with me. And remember, this is just a guess. I could be TOTALLY wrong and the ticket could get dismissed outright. Perhaps you should run this by a local attorney who might have some insight into this kind of matter.

    Barry

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