Wrong date on ticket.. leg to stand on?

[DuffManRHA]

Hey all,

The officer wrote me a ticket for 7-20-2007 (which is a friday) and the actual violation was 6-20-2007 (on a wednesday). Do you think that I may be able to push the issue that the ticket says that he is signing it under penalty of perjury and that I can prove I was somewhere else on 7-20-2007 (i have meetings every morning at the time i got the ticket!)

If they decide to not play ball, how do I lodge charges against the officer for putting the wrong date; maybe building his pipeline for next month's quota?

BTW, this is in California

Thanks all,

Eric

 

[VirtualSVT]

hahaha...Hell no.

 

[9A Pilot]

If they decide to not play ball, how do I lodge charges against the officer for putting the wrong date; maybe building his pipeline for next month's quota?

Play ball? 'Lodge' charges?
It was a clerical error.I've had an officer with me a ticket agianst my Nevada license & used the wrong abreviation (NE).So the points didn't apply.I let sleeping dogs lie.
So if you play it cool,& talk to a lawyer & see if he can get it dismissed on a technicality..Then fine..It's your lucky day...That's as far as I'd go with it..Just don't be a smart ass about it.

 

[SnakeEyes03]

We all make mistakes....the date can be amended in court.

Sorry for you luck...however good luck on it.

 

[DuffManRHA]

Play ball? 'Lodge' charges?
It was a clerical error.I've had an officer with me a ticket agianst my Nevada license & used the wrong abreviation (NE).So the points didn't apply.I let sleeping dogs lie.
So if you play it cool,& talk to a lawyer & see if he can get it dismissed on a technicality..Then fine..It's your lucky day...That's as far as I'd go with it..Just don't be a smart ass about it.

well, as far as playing hard ball it would only be if it were to come to that - i guess my main point was could it be something to where I argue the technicaility and if the judge refuses, THEN bring up being a jackass?

its really not my intent, and the cop wasn't particularly mean or snide, but if there is any type of out on this, i will try and take it

worst case is i go to traffic school, but i'd rather save that for something else if need be - sorry if i ruffled anyone's feathers by failing to understand where i was coming from, and thanks to all that did

Eric

 

[Cobra-Commander]

actually you have a real strong case.

i had that happen to me. then i got an over due notice before the ticket was even due. thats when i noticed the officer put the wrong date on the ticket, and had dated it for the prior year!!!
the ticket IDs the exact date and time of the offense to help the police prove their case. If they can;t even prove when it happened, then the courts assume it didn;t happen. No accurate date no time = no offense. came right from the judges mouth in open court.

in my case i didn;t even own the vehicle the supposed offense took place in on the ticket's date. my bill of sale proved that.
you have a very strong case.
i got off on another one because my car was blue and the officer circled black on the ticket. I again provided my registration showing my car as blue and not black. If the officer identified a black car speeding, then it wasn;t my car or me driving, got off again.

 

[mswaim]

It is the appearance date that counts, the violation date can and will be amended. Any other advice is incorrect.

 

[RDJ]

actually you have a real strong case.

i had that happen to me. then i got an over due notice before the ticket was even due. thats when i noticed the officer put the wrong date on the ticket, and had dated it for the prior year!!!
the ticket IDs the exact date and time of the offense to help the police prove their case. If they can;t even prove when it happened, then the courts assume it didn;t happen. No accurate date no time = no offense. came right from the judges mouth in open court.

in my case i didn;t even own the vehicle the supposed offense took place in on the ticket's date. my bill of sale proved that.
you have a very strong case.
i got off on another one because my car was blue and the officer circled black on the ticket. I again provided my registration showing my car as blue and not black. If the officer identified a black car speeding, then it wasn;t my car or me driving, got off again.

Yeah you live in Mass. He lives in So. Cal. I am SURE it works in exactly the same way.

 

[FordSVTFan]

A violation of the traffic code in most jurisdictions is a civil violation and thus strict liabiity applies in the intepretation of the violation. In a civil infraction such as this, there need not be any intent on your part to violate the statute, as long as you did what the statute said you are guilty. For that reason, a ticket can be amended to almost any degree as long as it doesnt change who is being cited. The same does NOT apply to the criminal code. Some states still classify traffic violations under the criminal code. California is not one of them.

Despite the claims proffered by the Commander in Mass, your outcome will be different.

 

[G2Mach1]

get it dismissed with a lawyer. they are great at standing on technicalities in traffic court... I had it done as well once when a cop mispelled the street and my name on the ticket... It was night court!

In Houston, Tx, It seems like the traffic court judges have so many cases to deal with each day that if anything is out of order, like a misspelling, and they see a lawyer that will take it to the nth degree to battle it, he typically folds and dismisses the ticket.

 

[Cobra-Commander]

A violation of the traffic code in most jurisdictions is a civil violation and thus strict liabiity applies in the intepretation of the violation. In a civil infraction such as this, there need not be any intent on your part to violate the statute, as long as you did what the statute said you are guilty. For that reason, a ticket can be amended to almost any degree as long as it doesnt change who is being cited. The same does NOT apply to the criminal code. Some states still classify traffic violations under the criminal code. California is not one of them.

Despite the claims proffered by the Commander in Mass, your outcome will be different.

they are civil offenses here too, but the laws may be different. i still think you can beat it reguardless. you are charged with a crime, you are innocent u ntil proven guilty, and the burden of proof is on them to prove you guilty, not you to prove you are innocent. not even being able to identify when the offense took place doesn't help them prove their case.

 

[mswaim]

they are civil offenses here too, but the laws may be different. i still think you can beat it reguardless. you are charged with a crime, you are innocent u ntil proven guilty, and the burden of proof is on them to prove you guilty, not you to prove you are innocent. not even being able to identify when the offense took place doesn't help them prove their case.

What ever. I guess I've been incorrect all these many, many years dealing with such issues. I wish you would have been around to show me the error of my ways much sooner.................:shrug: :bored:

 

[kwwhite1]

cops are human, we make mistakes. trust me you will not be getting the ticket thrown out because the date is wrong. the wrong vehicle code can even be cited as long as the officer ammends it in court. go buy a full sized un abriged vehicle code and see how big it is and youll see how easy it would be to make a mistake.

 

[Joey D]

just saw this. in nj read state vs. fisher case law. it cannot be thrown out.

 

[Lightmare]

Good Luck!

 

[FNsweetS3]

Hey all,

The officer wrote me a ticket for 7-20-2007 (which is a friday) and the actual violation was 6-20-2007 (on a wednesday). Do you think that I may be able to push the issue that the ticket says that he is signing it under penalty of perjury and that I can prove I was somewhere else on 7-20-2007 (i have meetings every morning at the time i got the ticket!)

If they decide to not play ball, how do I lodge charges against the officer for putting the wrong date; maybe building his pipeline for next month's quota?

BTW, this is in California

Thanks all,

Eric

Listen to some of the great advice in here.... get a lawyer... fight it... when you lose... appeal it till it reaches the Supreme Court (or the Lawyer fees become 10 million dollars).

It is a clerical error..... super rare that they are not ammended prior to court... it is a non issue!