Legal question regarding a speeding ticket

Epsil0n00

Golden Member
Aug 29, 2001
1,187
0
76
So, several months ago I received a speeding ticket. I requested a diversionary agreement between myself and the court stating that, since this is my first/only offense, if my record is clean for one year the case against me will be dismissed. The city's attorney drafted the agreement which was subsequently signed by myself and the judge.

One more detail: As a part of the agreement I have to attend a program where trauma nurses tell me about all the horrible accidents/injuries they have seen as a result of speeding. I have to complete this program within 90 days of the date of the above diversion agreement. I have no problem with this, in fact I might find it interesting... but I am SUPER busy right now and DO NOT have time for this 8-hour program.

Here's the question: I just noticed that the legal diversion agreement that was signed by myself and the judge has an incorrect citation number on the agreement. It's not a type that's one digit off--the citation number on the agreement isn't even close to my citation number. Thus, the judge and I have both signed a document stating that I plead guilty to the offense and enter the terms of the diversion agreement in relation to a case that I have nothing to do with. Meanwhile, my case is probably sitting there gathering dust...

Do I have the ability/right to have this case dropped given their mistake?

PS - I don't need any posts telling me to suck it up and just attend the class, or telling me that I shouldn't have been speeding... I know and agree with both of these points. I just want to know if there is legal ground for this case to be dismissed given the above details.

Thanks!
Eps.
 

akshatp

Diamond Member
Oct 15, 1999
8,349
0
76
Originally posted by: Epsil0n00

Do I have the ability/right to have this case dropped given their mistake?

PS - I don't need any posts telling me to suck it up and just attend the class, or telling me that I shouldn't have been speeding... I know and agree with both of these points. I just want to know if there is legal ground for this case to be dismissed given the above details.

Thanks!
Eps.

There probably is some sort of legal ground, but do you really want to go through the hassle? Chances are you will waste more time trying to get it dropped/dismissed than you would just going to the class.

Plus, once it is brought to their attention, they will probably just draft another document with the correct citation number and ask you to re-sign it or accept the speedign ticket as originally agreed.

My opinion, let them know the mistake, have them correct it, and either take the class and go clean for one year, or take the points from the ticket. If its your first offense, you shouldn't take a big hit insurance wise.
 

AznAnarchy99

Lifer
Dec 6, 2004
14,695
117
106
So basically you waited until the end of the deadline and now you dont have time to do the classes?
 

AlienCraft

Lifer
Nov 23, 2002
10,539
0
0
No.

you don't have that "right".
You're stipulating that you will do X to have Y dismissed. Their error on case number is inconsequential.
 

BoomerD

No Lifer
Feb 26, 2006
65,603
13,981
146
Originally posted by: AlienCraft
No.

you don't have that "right".
You're stipulating that you will do X to have Y dismissed. Their error on case number is inconsequential.

You should PROBABLY let them know about the incorrect number, but it won't relieve you of your obligation to complete the program as agreed.

So,
suck it up and just attend the class

and you shouldn't have been speeding...:D
 

Epsil0n00

Golden Member
Aug 29, 2001
1,187
0
76
Originally posted by: BoomerD
Originally posted by: AlienCraft
No.

you don't have that "right".
You're stipulating that you will do X to have Y dismissed. Their error on case number is inconsequential.

You should PROBABLY let them know about the incorrect number, but it won't relieve you of your obligation to complete the program as agreed.

So,
suck it up and just attend the class

and you shouldn't have been speeding...:D

The officer claims I was going 59mph in a 45 zone. However, since my admission of guilt was apparently made in reference to someone else's citation... my original plea of "not guilty" still stands! That's my story and I'm stickin' to it. :)
 

RichieZ

Diamond Member
Jun 1, 2000
6,549
37
91
don't you have the option of going to some kind of traffic school? 14mph over should be eligible for that, then your ticket would be straight up dismissed not diverted.

i did that once, but the second time I was going too fast to have that as an option :(
 

BoomerD

No Lifer
Feb 26, 2006
65,603
13,981
146
Originally posted by: Epsil0n00
Originally posted by: BoomerD
Originally posted by: AlienCraft
No.

you don't have that "right".
You're stipulating that you will do X to have Y dismissed. Their error on case number is inconsequential.

You should PROBABLY let them know about the incorrect number, but it won't relieve you of your obligation to complete the program as agreed.

So,
suck it up and just attend the class

and you shouldn't have been speeding...:D

The officer claims I was going 59mph in a 45 zone. However, since my admission of guilt was apparently made in reference to someone else's citation... my original plea of "not guilty" still stands! That's my story and I'm stickin' to it. :)

Yeah, I'm sure that will work out well for ya...:D
 

waggy

No Lifer
Dec 14, 2000
68,143
10
81
Originally posted by: Epsil0n00
Originally posted by: BoomerD
Originally posted by: AlienCraft
No.

you don't have that "right".
You're stipulating that you will do X to have Y dismissed. Their error on case number is inconsequential.

You should PROBABLY let them know about the incorrect number, but it won't relieve you of your obligation to complete the program as agreed.

So,
suck it up and just attend the class

and you shouldn't have been speeding...:D

The officer claims I was going 59mph in a 45 zone. However, since my admission of guilt was apparently made in reference to someone else's citation... my original plea of "not guilty" still stands! That's my story and I'm stickin' to it. :)

yeah thats not going to happen.


you are going to waste more time and just piss off the judge. Fighting a ticket you do not think you deserve is fine. trying to get it changed once you plead guilty over something so minor is not going to be good.
 

evident

Lifer
Apr 5, 2005
12,092
705
126
although i hate most traffic tickets, but 15 over in a 45 is pushing it :) 15 over in a hwy though would be ridiculous