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michaelgibson · Jan 28, 2008, 01:05 PM

I recently received a court summons for a driving offence, but on the summons they have got my vechile registration wrong and my date of birth wrong! What should I do about these mistakes? Can I appeal that it basically wasn't me because the information they must have is wrong.

ScottGem · Jan 28, 2008, 01:06 PM

Sure, show up at the date specified show them that your reg and DOB do not match.

michaelgibson · Jan 28, 2008, 01:12 PM

Thank you for such a quick response your answer has been very helpful

JudyKayTee · Jan 28, 2008, 01:46 PM

Originally Posted by michaelgibson

i recently received a court summons for a driving offence, but on the summons they have got my vechile registration wrong and my date of birth wrong! what should i do about these mistakes?? can i appeal that it basically wasnt me cos the information they must have is wrong.

I know the info is wrong but did you commit the offense?

Fr_Chuck · Jan 28, 2008, 04:06 PM

Sure you can appeal, but then don't really expect it to have much effect on the judge, Esp if this is a city court. But even the county courts, traffic tickets are a big "income" but you can appear and make a motion to have it dismissed on those grounds ( you may be required to make a plea first ( some courts do this like cattle, you are given a form before court by the clerk, if you plead guilty, you don't even see the judge but are hauled out back by clerk and they set up the fine, probation if you can't pay it then and you are sent home. The ones pleading nolo or not guilty then are the only ones that actually see the judge.
** Think big city with 100 or more on the taffic calender for that day.

Also of course by pleading not guilty, you run a good chance the police officer who issued it will not be there, then you ask for case to be dismissed.

twinkiedooter · Jan 28, 2008, 04:15 PM

If you did not commit this traffic infraction and show proper ID and registration the judge should be able to listen attentively to you. If you did commit this infraction, then it is up to the judge. If the officer shows up, he's going to have to ID you as well as the offender.

Sounds like one of those traffic camera tickets.

JudyKayTee · Jan 29, 2008, 05:50 AM

Originally Posted by twinkiedooter

If you did not commit this traffic infraction and show proper ID and registration the judge should be able to listen attentively to you. If you did commit this infraction, then it is up to the judge. If the officer shows up, he's going to have to ID you as well as the offender.

Sounds like one of those traffic camera tickets.

Hmm - I've never seen an Officer asked to ID an "offender" or alleged "offender" in traffic Court. Never. Must vary by location.

I HAVE seen the "it wasn't me and this is why" argument fold when the Judge asked why the alleged offender thought out of all the people in the World the Police were picking on him/her.

I suppose it's worth an argument but I wouldn't count on an Officer being able or unable to ID a person on a routine traffic stop.

ScottGem · Jan 29, 2008, 07:07 AM

Originally Posted by JudyKayTee

Hmm - I've never seen an Officer asked to ID an "offender" or alleged "offender" in traffic Court. Never. Must vary by location.

Just as an aside, this happened to me. It occurred more thasn 20 years ago, but the circumstances were as follows:

This was before NYS adopted photo drivers license, when they used the old 2 part licenses. I unknowingly lost my license. I didn't even realize it until I got an envelope from some stranger that contained the license part (not the record of convictions part). I went to DMV, reported the loss and they told me all that was necessary was to apply for a replacement.

A couple of months later I received a notice from a NJ court citing me for failure to appear for a traffic violation. I contacted the court (near Trenton) and explained that my license had been lost and I was not in NJ on the day in question. The court refused to accept anything less than my showing up in court. So I drove down there. When my case was called the judge said to me that he understood I was denying I was the driver of the vehicle. He then turned to the officer (who had been called to appear) and asked him if he could identify me as the driver. He testified he couldn't and the whole thing was dismissed without my saying a word to the judge.

By the way, I later found out that the driver was african-american and had gotten a ticket on my license in Virginia later that same day and has also used it in an accident on Long Island where he totaled a Mercedes. On that one, I spoke to the Insurance company representing the Mercedes owner and told him the story and that I could easily prove I wasn't the driver. Just ask his client whether the driver was african-american and that I could prove I wasn't. I never heard anything more about that. Also, as far as I know, my driver's license is suspended in VA because no one ever showed for the hearing. Driving to Trenton was one thing, going to VA to answer a trafffic citation was another.

But I digress. I've heard of traffic tickets being trown out on technicalities before. Cops are not immune from error, but are expected to be precise when writing out a violation. So it will depend on the judge. Some may dismiss the errors as inconsequential, another might void the ticket because of them.

michaelgibson · Jan 29, 2008, 12:38 PM

Yes I did commit the offences and I've received forms asking whether I plead guilty or not, but I'm not sure what to do as the details of my car and me are wrong. Would I be better getting advise from a lawyer with this one?

ScottGem · Jan 29, 2008, 01:03 PM

Let me ask this. Was the summons you recevied handed to you at the scene? If so, I would then just plead guilty.

JudyKayTee · Jan 29, 2008, 01:04 PM

Originally Posted by michaelgibson

yes i did commit the offences and ive received forms askin whether i plead guilty or not, but im not sure what to do as the details of my car and me are wrong. would i be better gettin advise from a lawyer with this one??

I always think not lying is the best way to proceed - but maybe that's just me.

You can always call an Attorney but the cost might be higher than just paying the ticket - and then there's the points.

twinkiedooter · Jan 29, 2008, 04:23 PM

When someone is charged with a speeding infraction or a DUI an officer is in the courtroom to identify the offender and testify. The officer must show up and testify or the perp takes a walk. If you show up in traffic court over a speeding ticket and the cop doesn't, you win. If you show up in traffic court over a DUI charge and the cop doesn't, you win. I've shown up plenty of times in court only to have the cop no show and win.

JudyKayTee · Jan 29, 2008, 04:32 PM

Originally Posted by twinkiedooter

When someone is charged with a speeding infraction or a DUI an officer is in the courtroom to identify the offender and testify. The officer must show up and testify or the perp takes a walk. If you show up in traffic court over a speeding ticket and the cop doesn't, you win. If you show up in traffic court over a DUI charge and the cop doesn't, you win. I've shown up plenty of times in court only to have the cop no show and win.

This must vary from jurisdiction to jurisdiction - you're in Ohio, right?

In NYS - and I monitor a local Court for a voters group - the Officer is not asked or expected to ID the perpetrator.

And, right, after the first appearance, no Police Officer, no conviction.

ScottGem · Jan 29, 2008, 05:59 PM

Originally Posted by twinkiedooter

When someone is charged with a speeding infraction or a DUI an officer is in the courtroom to identify the offender and testify.

In my experience, the court date on the initial summons is a plea date. You show up in court and plead guilty or not guilty. If you plead not guilty only then is a hearing scheduled where the officer who wrote the ticket is required to be there.

JudyKayTee · Jan 30, 2008, 07:51 AM

Originally Posted by ScottGem

In my experience, the court date on the initial summons is a plea date. You show up in court and plead guilty or not guilty. If you plead not guilty only then is a hearing scheduled where the officer who wrote the ticket is required to be there.

Right, in my area there's the initial appearance and then if there's no plea deal, then it's scheduled and the Officer has to appear.

In wonder how a Police Officer who in theory, conservatively writes, say, 10 tickets a week is expected to ID the "perpetrator" in Court - ?

Is it like Perry Mason when the Attorney asks the Police Officer to ID the "perpetrator" and he can't and then someone in the back of the Courtroom jumps up and says, "I did it."

michaelgibson · Jan 30, 2008, 11:07 AM

No I received the summons through the post

ScottGem · Jan 30, 2008, 11:11 AM

Originally Posted by michaelgibson

no i received the summons through the post

Ok, so you recevied no summons at the scene, just through the mail? Then yes, you can argue that the errors on the summons void it.

JudyKayTee · Jan 30, 2008, 12:55 PM

Originally Posted by michaelgibson

no i received the summons through the post

You got stopped and they MAILED a Summons to you? I agree with Scott - if the Officer couldn't keep your info straight "probably" he can't keep his perpetrators straight.

Or at least that would be MY argument!

michaelgibson · Feb 1, 2008, 03:12 AM

No I revieved my summons through the post