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what happens if a cop writes up a ticket with the wrong date?

 
Anonymous Coward
User ID: 833880
United States
01/02/2010 02:06 PM
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what happens if a cop writes up a ticket with the wrong date?
I just got a speeding ticket.

the cop wrote : Jan 2nd 2009

and I have to go back in time to appear in court in February 2009.
Anonymous Coward
User ID: 852403
Canada
01/02/2010 02:08 PM
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Re: what happens if a cop writes up a ticket with the wrong date?
I just got a speeding ticket.

the cop wrote : Jan 2nd 2009

and I have to go back in time to appear in court in February 2009.
 Quoting: Anonymous Coward 833880

Can you prove you were somewhere else on that date? If you can, you are laughing.
Anonymous Coward
User ID: 846381
United States
01/02/2010 02:10 PM
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Re: what happens if a cop writes up a ticket with the wrong date?
Fight this tooth and nail. The traffic courts HATE it when citizens try to fight their revenue generating.
Anonymous Coward
User ID: 855448
Canada
01/02/2010 02:18 PM
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Re: what happens if a cop writes up a ticket with the wrong date?
go to court it will be thrown out immediately
Anonymous Coward
User ID: 849232
United States
01/02/2010 02:20 PM
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Re: what happens if a cop writes up a ticket with the wrong date?
You have to meet with the DA to do any haggling, so you want to declare yourself not guilty at your court hearing.
Anonymous Coward
User ID: 675742
United States
01/02/2010 02:21 PM
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Re: what happens if a cop writes up a ticket with the wrong date?
Today is January 2nd. If you JUST got a speeding ticket than the date is correct.
Anonymous Coward
User ID: 675742
United States
01/02/2010 02:22 PM
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Re: what happens if a cop writes up a ticket with the wrong date?
Today is January 2nd. If you JUST got a speeding ticket than the date is correct.
 Quoting: Anonymous Coward 675742

Correction. My bad (probably the cop's same goof). It's 2010 now, DUH me.
Anonymous Coward
User ID: 855504
Belgium
01/02/2010 02:22 PM
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Re: what happens if a cop writes up a ticket with the wrong date?
Ohh man, I would soooooo happy with that mistake!
It's a winner!
Anonymous Coward
User ID: 750658
United States
01/02/2010 02:23 PM
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Re: what happens if a cop writes up a ticket with the wrong date?
Today is January 2nd. If you JUST got a speeding ticket than the date is correct.
 Quoting: Anonymous Coward 675742

really? damn, i'm living in the future and don't know it. can you buy some lotto tickets for me?
Anonymous Coward
User ID: 675742
United States
01/02/2010 02:25 PM
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Re: what happens if a cop writes up a ticket with the wrong date?
Go to court and have your attorney request proof of your traffic violation on the exact date specified. The case with get thrown out on that technicality.
Anonymous Coward
User ID: 854636
United States
01/02/2010 02:27 PM
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Re: what happens if a cop writes up a ticket with the wrong date?
[link to www.speedingticketcentral.com]
"Will errors on the ticket result in the charges being dropped?

Courts will often excuse minor errors on a ticket. A misspelled name, incorrect address or difference in opinion on whether your car is aqua or green in color will not result in a dismissed ticket. Conversely, a major error such as citing the wrong statute, radically misidentifying your vehicle or listing the wrong highway as the site of the violation should provide justification to dismiss the ticket. However, it may be advantageous to say nothing about the errors until your trial. Let the officer use the ticket to describe the violation, location, and identification of your vehicle (they all do). After he or she has sufficiently buried him or herself with perjured testimony, you can document the errors and any legitimate court will dismiss the charges. Here is the law in Michigan. You need to remember that traffic court judges are not required to follow the law. (Taken from the Michigan Judicial Institute © 2003 Page 5) A material defect is an error pertaining to a fact that is necessary to prove an element of the offense, or that attacks the essence of the complaint.* Courts vary in their opinion as to what constitutes a material defect and magistrates should check with their chief judges regarding this issue. The case may be dismissed without prejudice by the judge or magistrate (if the magistrate is authorized to do so), and the citing officer may reissue the citation, or move to have it reinstated.

Material defects may include: *See MCL 257.742(1), 257.727c(3), and MCR 4.101(E)(1).

• No signature on the citation by the citing officer.* The absence of a signature is a material defect that makes the entire citation invalid. • Incorrect identification of the defendant. • Incomplete identification of the offense. • Failure to specify the location of the offense. • Failure to specify the date of the offense, or entry of an incorrect date. "
Anonymous Coward
User ID: 855437
United Kingdom
01/02/2010 02:28 PM
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Re: what happens if a cop writes up a ticket with the wrong date?
Can you prove you were somewhere else on that date? If you can, you are laughing.
 Quoting: Anonymous Coward 852403


+1
Anonymous Coward
User ID: 855336
United States
01/02/2010 02:36 PM
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Re: what happens if a cop writes up a ticket with the wrong date?
I went to traffic court in St. Augustine, Florida some time back as moral support for a friend. I witnessed a seriously bizarre dog-n-pony show from the court.

When a person went to contest their ticket, the court would call the officer that wrote the ticket. The officer would announce his presence, then the judge would listen to the story of the individual that got the ticket. Not a single person that challenged the ticket won their case.

There was also a table in the courtroom with a few attorneys present. These lawyers were there to defend their clients from tickets. When the judge called for one of the "offenders" represented by lawyer, the lawyer would stand up and announce to the judge that were representing the person with the ticket. The judge would then call for the officer that wrote the ticket. In 100% of the cases where a lawyer was present, the officer that wrote the ticket was a "no show". The judge dismissed those cases.

My point is -- do a little investigation and find out if your traffic court is running their own little "game". It might be worth your time to pay a lawyer that specializes in "traffic tickets".
Anonymous Coward
User ID: 814550
United States
01/02/2010 02:41 PM
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Re: what happens if a cop writes up a ticket with the wrong date?
There are other records from dispatch as to when it all took place. Your only hope is if the cop fails to show up at the court hearing.
Anonymous Coward
User ID: 796371
United States
01/02/2010 02:41 PM
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Re: what happens if a cop writes up a ticket with the wrong date?
I just got a speeding ticket.

the cop wrote : Jan 2nd 2009

and I have to go back in time to appear in court in February 2009.
 Quoting: Anonymous Coward 833880


just fight it. the cop wont even show up to mess with something so trivial

or they can go through the motions and try to prove it was you.

what would most likely occur is:

you try to fight it, the cop finds out why you are fighting it, the cop most likely did not record the stop (they tell you if you are being recorded or not), and he just says fuck this not worth my time.
Anonymous Coward
User ID: 854756
Australia
01/02/2010 02:42 PM
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Re: what happens if a cop writes up a ticket with the wrong date?
be very careful they dont cite you for failure to appear to the courts in 2009
Anonymous Coward
User ID: 849249
United States
01/02/2010 02:42 PM
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Re: what happens if a cop writes up a ticket with the wrong date?
This depends on the price of your lawyer.
Anonymous Coward
User ID: 796371
United States
01/02/2010 02:43 PM
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Re: what happens if a cop writes up a ticket with the wrong date?
I just got a speeding ticket.

the cop wrote : Jan 2nd 2009

and I have to go back in time to appear in court in February 2009.


just fight it. the cop wont even show up to mess with something so trivial

or they can go through the motions and try to prove it was you.

what would most likely occur is:

you try to fight it, the cop finds out why you are fighting it, the cop most likely did not record the stop (they tell you if you are being recorded or not), and he just says fuck this not worth my time.
 Quoting: Anonymous Coward 796371



by the way there have been stories of people getting out of jail early for murder due to a typo found through paper work.

I do not feel like looking it up but i do know one convict was killing time for attempted murder or some crap, spent his time just reading through his case report, found a small typo and got released early
Anonymous Coward
User ID: 846381
United States
01/02/2010 02:43 PM
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Re: what happens if a cop writes up a ticket with the wrong date?
I went to traffic court in St. Augustine, Florida some time back as moral support for a friend. I witnessed a seriously bizarre dog-n-pony show from the court.

When a person went to contest their ticket, the court would call the officer that wrote the ticket. The officer would announce his presence, then the judge would listen to the story of the individual that got the ticket. Not a single person that challenged the ticket won their case.

There was also a table in the courtroom with a few attorneys present. These lawyers were there to defend their clients from tickets. When the judge called for one of the "offenders" represented by lawyer, the lawyer would stand up and announce to the judge that were representing the person with the ticket. The judge would then call for the officer that wrote the ticket. In 100% of the cases where a lawyer was present, the officer that wrote the ticket was a "no show". The judge dismissed those cases.

My point is -- do a little investigation and find out if your traffic court is running their own little "game". It might be worth your time to pay a lawyer that specializes in "traffic tickets".
 Quoting: Anonymous Coward 855336


Very useful information
mr...bojangles

User ID: 853965
Mexico
01/02/2010 02:44 PM
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Re: what happens if a cop writes up a ticket with the wrong date?
Go to court and have your attorney request proof of your traffic violation on the exact date specified. The case with get thrown out on that technicality.
 Quoting: Anonymous Coward 675742


exactly....
Beyond one's own mind there is no dazzling light to come shining in from outside to wake one up. If one recognizes one's own intrinsic State as pure from the beginning and only temporarily obscured by impurities, and if one maintains the presence of this recognition without becoming distracted, then all the impurities dissolve. This is the essence of the Path-namkhai norbu.

Why is there a legend about the descent of Christ into hell? The Teacher addressed the lower strata of the astral world, saying: �Why, by cherishing earthly thoughts, bind oneself eternally to Earth?� And many revolted in spirit and rose higher.
Thread: I shot video of the earth from my spacecraft, enjoy!
Anonymous Coward
User ID: 675742
United States
01/02/2010 02:51 PM
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Re: what happens if a cop writes up a ticket with the wrong date?
Here is the most useful information I could find for you:

[link to www.worldlawdirect.com]

They make a good point in insisting on the officer providing his testimony per his own recollection (I don't see many being able to do that). Also, like 50% of the time the officer won't even show up in court and it will get thrown out because you have the right to face your accuser.

The link I provided also states that it doesn't hurt to fight it because the most you end up paying is the fine you would have had to pay anyway...

I suggest doing a little research. It may be worth fighting for fucks sake if anything else.
Anonymous Coward
User ID: 827847
United States
01/02/2010 02:53 PM
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Re: what happens if a cop writes up a ticket with the wrong date?
Fight this tooth and nail. The traffic courts HATE it when citizens try to fight their revenue generating.
 Quoting: Anonymous Coward 846381


Does it not seem odd to anyone that the court system thrives and actually maintains by the presence of criminals?
Enaid

User ID: 515273
United States
01/02/2010 02:58 PM
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Re: what happens if a cop writes up a ticket with the wrong date?
Stand in front of the judge and with all honestly say - no i was not speeding on that date. The cop is a liar.
Personal responsibility - try it sometime. Quit blaming others for your bad choices. Consequences happen.

:enaid11:
Anonymous Coward (OP)
User ID: 833880
United States
01/02/2010 04:42 PM
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Re: what happens if a cop writes up a ticket with the wrong date?
thanks for the replies.

thanks for the information and advice everyone.

I am going to fight it, plead not guilty, and point out the date the officer alleged I was speeding.

I was speeding. 54 in a 40.

I am not going to lie to the judge and say I wasn't. But I am not going to say I was either.
Anonymous Coward
User ID: 855336
United States
01/02/2010 04:46 PM
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Re: what happens if a cop writes up a ticket with the wrong date?
thanks for the replies.

thanks for the information and advice everyone.

I am going to fight it, plead not guilty, and point out the date the officer alleged I was speeding.

I was speeding. 54 in a 40.

I am not going to lie to the judge and say I wasn't. But I am not going to say I was either.
 Quoting: Anonymous Coward 833880





Not wise.

They are gonna be licking their lips when they think about your fine going into the general fund - after all, they have to pay for the Christmas party!

Get a traffic lawyer now!!

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