Sure is.Originally posted by: guyver01
I just got a speeding ticket... and the date on the ticket says 10/31/03 12:17 PM.
is this enough to dismiss?
Originally posted by: guyver01
hmm.. i have an idea... i can post on here at 12:17pm, and take that with me
"but your honor, i was home neffing on Anandtech, i couldn't have been speeding"
Probably right.Originally posted by: Axon
Good luck beating it. Before you attempt to motion for dismissal, educate yourself on WHY an improperly written ticket is grounds for such a motion. Check the Federal Rulebook as well as State traffic and ticketing laws. Look for mandatory precedent in prior cases. You can't just motion "cuz teh ticket is wrong OMG," you know? Especially if the Police have a statute that takes slight human errors into account, which they more than likely do. I'm not trying to hate, I'm trying to prepare you.
Further, the judge has the final word and doesn't have to do anything - keep that in mind. Traffic judges hear bullcrap stories and attempts to dismiss about 30 times a day and they don't like any of 'em. Every 18-25 year-old comes in thinking they?re slick and they?re going to beat their ticket. People see too much false, television law and they think they know how to litigate. The judge is going to want to know the grounds for your motion, the precedent behind it, and any applicable statutes. Anything less, and you?re going to sound stupid.
You're generally better off making a deal to reduce the ticket to 10 over for a moving violation and no points.
Originally posted by: Skoorb
Probably right.Originally posted by: Axon
Good luck beating it. Before you attempt to motion for dismissal, educate yourself on WHY an improperly written ticket is grounds for such a motion. Check the Federal Rulebook as well as State traffic and ticketing laws. Look for mandatory precedent in prior cases. You can't just motion "cuz teh ticket is wrong OMG," you know? Especially if the Police have a statute that takes slight human errors into account, which they more than likely do. I'm not trying to hate, I'm trying to prepare you.
Further, the judge has the final word and doesn't have to do anything - keep that in mind. Traffic judges hear bullcrap stories and attempts to dismiss about 30 times a day and they don't like any of 'em. Every 18-25 year-old comes in thinking they?re slick and they?re going to beat their ticket. People see too much false, television law and they think they know how to litigate. The judge is going to want to know the grounds for your motion, the precedent behind it, and any applicable statutes. Anything less, and you?re going to sound stupid.
You're generally better off making a deal to reduce the ticket to 10 over for a moving violation and no points.
Originally posted by: brxndxn
The wrong date is more than enough to get the ticket dismissed. Just state that you were out eating with your friends or something during the time the ticket says. Most likely, the cop won't even remember what date and time he actually did stop you.
Also, state that the officer did not get you on radar if the judge does not like the date excuse. When I was in traffic court fighting a ticket, I had to witness about 20 people before me contest their tickets. Four of them stated the officer did not get them on radar or failed to show them the radar when they stopped them. Four of them got their tickets readily dismissed.
