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View Full Version : 60 in a 79?



Sarge
Sat Dec 31st, 2011, 07:07 PM
I got a ticket today in the cage, doing "60 in a 79". I've read over the ticket several times, and the officer definitely wrote it up incorrectly, do I have anything to stand on, or should I just pay it?

Grand
Sat Dec 31st, 2011, 07:17 PM
I have no law education, but it would make sense if a ticket could be dismissed if it was written incorrectly and the officer fails to do his job. Definitely talk to someone beforehand rather than just paying it imo.

Ezzzzy1
Sat Dec 31st, 2011, 07:28 PM
I have heard several stories about people getting off from a ticket being wrote incorrectly. I am sure that if people are they are hiring lawyers and dealing with it that way.

I once got a ticket and after I had a few minutes to look it over realized that the date on it was wrong. It was dated one day earlier. The day I got the ticket was the 15th and the date on the ticket was the 16th. Obviously I figured I was good because, well, I wasnt speeding on the 16th I was speeding on the 15th :lol:

Long story short, when I fought the ticket (without a lawyer) and showed the court my evidence, the judge motioned the cop up. The cop verified that he had made a mistake and was allowed to "amend" the ticket. My jaw dropped. I was also informed that a cop can change a ticket at any time.

This was in Douglas County.

Bueller
Sat Dec 31st, 2011, 08:59 PM
Clerical errors are not usually grounds for dismissal.

grim
Sat Dec 31st, 2011, 10:26 PM
I would Pay it it's an obvious error that the judge will prob say "you obviously meant 79 in a 60"

Nooch
Sun Jan 1st, 2012, 08:59 AM
Yeah I picked up the front wheel on one of my old Kawasakis coming off a red light in my hometown several years ago and got stopped by a cop who had to have been 70 years old or more. He didnt know what the law was that covered wheelies so he just wrote "motorcycle/wheelie" for the violation. I tried to argue in court that "motorcycle/wheelie wasnt a valid violation but it didnt hold up at all. I would pay it.

modette99
Sun Jan 1st, 2012, 05:52 PM
My argument be well if he can not put the numbers in the correct spot then how can we trust he even got a reading of 79mph???

I think I would see how much a lawyer will charge you....they probably have better luck in getting it changed or dropped then you will. But short on funds it might be worth a try...worstecase they make you pay...chances are either way they probably will reduce it.

Only a fool PAYS a ticket without going to court.

mauser72
Sun Jan 1st, 2012, 06:28 PM
Do not just pay it in the mail go to the court house on the date on the summons and see what they will do for you they will prob. just drop the charges. Ive had the same thing happen and when I went to the court house to set up a court date they informed me that the ticket was dismissed.

ThorsTwin
Mon Jan 2nd, 2012, 02:45 PM
I agree. Always go to court & see what they offer. Maybe they'll dismiss it.

aerofaze
Tue Jan 3rd, 2012, 11:14 AM
A couple years ago, my friends got pulled over in their really dirty Jeep (can't remember the reason). The cop wrote the ticket, and as far as I know everything was written correctly- EXCEPT for the color of the vehicle. He had written down "tan" in the description.

Their Jeep was silver. Guess all the dried mud threw him off.

The judge threw out the ticket. Apparently that technicality was enough for him and told my friend so.

mdub
Tue Jan 3rd, 2012, 12:07 PM
i wouldn't pay shit.....Yes its an inconvenience to go to court, but do that. Depending on the judge dred's attititude for the day it can go either way. Cross your fingers that the date is on a friday.

RajunCajun
Tue Jan 3rd, 2012, 02:39 PM
Either way, good luck fighting it!

Ezzzzy1
Wed Jan 4th, 2012, 12:48 AM
Down sides to it all... If you pay it you dont get to talk to anyone. If you get to talk to someone you have to pay court costs/fees. If you dont pay it you go to jail and if you fight it and loose you will be wishing you had just spent the extra money to get a lawyer to try to prove that you "weren't doing something that you were doing" and blame it on a mistake the cop made.

Honestly? Do something that most Americans cant do anymore... Own up to doing the wrong thing and move on.

Problem solved.

vort3xr6
Wed Jan 4th, 2012, 08:54 AM
Chances are the county clerk will send you a motion to change. Basically they motion to the court to change the clerical issue before you arrive. They did it to me on my wheelie ticket when the cop selected the wrong box.

modette99
Wed Jan 4th, 2012, 10:41 AM
Honestly? Do something that most Americans cant do anymore... Own up to doing the wrong thing and move on.

Problem solved.


I love the own up to it crowd...LOL

We are talking a speeding citation not a DUI. Speeding citations are mainly a revenue generator, and they don't typically slow people down any. Plus, it might of been perfectly safe to go 79 in a 60 (I was not there).

Of course going to court depends on what you make in life. You make $7.64 an hour it might be well worth showing as the fine equals more then you make. If you make $50/hr it might not be worth your time....easier to pay.

Clovis is prone to tickets - So I would say go and probably get it reduced or changed to something lesser. First thing all courts do it make a deal. Its like that TV show "Let's Make a Deal". In Springs your dragged into a room with some pimply faced Law intern and you work out a deal...they don't want to waste courts time on BS tickets. Clovis will not even see a Judge unless he turns down any deal offered. Which is another day off to deal with this...so typically best to take any deal offered (got to weigh the cost/time). In life this is where being a good haggler works for you, still depend son pimply faced interns mood.

How I was told it worked, show to make a deal or to say no. Show again to pick a court date. Trial by Jury show again to go over Jury selection. You can see how this system is made for you to JUST PAY when it comes to simple stuff like Traffic Infractions.

Sarge
Sun Apr 22nd, 2012, 10:13 AM
I got a letter or two trying to make a deal. They offered "Driving too fast for conditions". (It was bright and sunny). Then I went to the clerk on the date on the ticket, they offered the same deal. Finally went to court on Wednesday, no jury, cop did show up. He talked to me beforehand, said I wouldn't get a deferment, and "he fixed the ticket in his notes". I'm like second to get called by the judge, judge immediately mentions the error on the ticket. He says something along the lines of "I think it's obvious what it's supposed to be." and asks the officer if he wanted to offer a deferment, officer said no, judge responded with "I believe it's important that the actual charging document be accurate," officer tried to say "I fixed it in my notes" but judge said again "it's obvious what it meant, but I believe the charging document always needs to correctly reflect" and so forth, and then he dismissed the ticket. All of this took place in the span of like 3 minutes and the only thing I got to say was "Thank you, your Honor".

Ezzzzy1
Sun Apr 22nd, 2012, 10:21 AM
Glad it worked out for you! Kinda the best of both worlds. I think the ticket should be correct as well. If I made a mistake with my speed I get in trouble and if they make a mistake on the ticket they should get the same...

edj
Sun Apr 22nd, 2012, 10:49 AM
Ticket error didn't help me when a cop ticketed me for speeding and put the location as the intersection of two parallel roads. I was 'pulled over' in an old girlfriends parent's driveway not knowing I had been chased for 5-10 minutes. Her parents got so pissed at the cop that he threatened to arrest me if they didn't shut up.

These days the automatic point reduction and high court costs discourage going to court but with a ticket for going 19 UNDER the speed limit maybe you have a chance? Just tell the judge you thought it was legal to go slow.

Filo
Sun Apr 22nd, 2012, 02:21 PM
I guess the judge didn't like the cop.

Zach929rr
Mon Apr 23rd, 2012, 09:06 AM
Now go buy a Valentine 1.

Ghosty
Mon Apr 23rd, 2012, 09:13 AM
Clerical errors are not usually grounds for dismissal.
I've heard this too, including the officer making a typo on the date, offense, your birthdate, etc. The ticket still stands. Sounds like you got lucky and that judge wants to make a point to cops to be more detail-oriented, heh. That's cool you dodged it!

Cars-R-Coffins
Mon Apr 23rd, 2012, 09:19 AM
Some judges are pro-law enforcement and some are not. You will get the most breaks from those that are not.

CBR-Cowboy
Mon Apr 23rd, 2012, 11:07 AM
eh, i got a ticket like that once in my younger days, the cop didn't fill out the ticket correctly. If he can't fill out a ticket that I'm sure he has filled out 30ish+ a month then what else is he messing up. how can he say you where doing 79 when he cant even fill out the ticket right, he could of nailed someone else. Every ticket i get a verify they filled it out correctly, if they don't i take it to court, if they do i just pay it.

I was down town a few years ago and I still had my AZ plates, I got a ticket for parking 18 inch away from the curb, but the cop put that i had CO plates. i never heard anything about that.

Wrider
Mon Apr 23rd, 2012, 05:32 PM
I had a cop pull me over once on Jan 30 (Friday night). He was obviously writing Feb 2something for the date, but forgot the 2nd number. Feb 2 was the next Monday, so I show up and the paperwork hadn't even been filed yet. Court dismissed it, and because I was the first case called, I got a lot of evil stares and "I hate you"s as I walked out of the courtroom... lol

mxer
Mon Apr 23rd, 2012, 05:41 PM
These days the automatic point reduction and high court costs discourage going to court but with a ticket for going 19 UNDER the speed limit maybe you have a chance? Just tell the judge you thought it was legal to go slow.

Reading comprehension fail

CYCLE_MONKEY
Mon Apr 23rd, 2012, 06:04 PM
Now go buy a Valentine 1.
Yep. I love mine! Almost 20 years of trouble-free service in 6 different vehicles. Now, if I can only mount it properly to the bike......