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Discussion Starter #1
I got a stupid ticket couple of months ago and I have to go to court soon to fight it. Unsafe speed ticket going 20mph at a 25mph zone. WTF? My question is this. The stupid officer misspelled my last name on the ticket. Also, the letters I got from the court also had my last name misspelled as well as my home address. Can I ask the judge to drop the case for the simple reason that they misspelled my name? If not I was going to question the accuracy of the officer's testimony for he can even look at my license and copy my info right. Any suggestions? thank You.
 

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Fire Wrench Dammit!!!
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MrCLoWnY said:
I got a stupid ticket couple of months ago and I have to go to court soon to fight it. Unsafe speed ticket going 20mph at a 25mph zone. WTF? My question is this. The stupid officer misspelled my last name on the ticket. Also, the letters I got from the court also had my last name misspelled as well as my home address. Can I ask the judge to drop the case for the simple reason that they misspelled my name? If not I was going to question the accuracy of the officer's testimony for he can even look at my license and copy my info right. Any suggestions? thank You.
20 in a 25, or do you have tha tbackwards? Just a heads up, but i would try and talk to the soliciter first. Most judges are pretty tight about simple things on a ticket, however name is something that should be right. Either way, talk to the soliciter first and see if he will just drop it to save you and him the time.
 

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Discussion Starter #3
Sorry, but who is the soliciter?

Also I forgot to mention that I am fighting the ticket by doing the declaration of trial. Doing everything over mail.... THanks.
 

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kaneda!
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haha.. mrclowny... yea.. good job fighting it! i won 3 times through that method.

i have to fight another one in january for making an illegal u-turn. i would take traffic school, but i ran out of chances. so instead of eating the ticket, i'm gonna go in hopeing that the cop wont show. i have no choice.

anyways... best of luck. if you lose, you have another chance to go into court and talk to the judge. woot woot!

hey, you wanna ride on saturday morning?
 

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Discussion Starter #5
tetsuo said:
haha.. mrclowny... yea.. good job fighting it! i won 3 times through that method.

i have to fight another one in january for making an illegal u-turn. i would take traffic school, but i ran out of chances. so instead of eating the ticket, i'm gonna go in hopeing that the cop wont show. i have no choice.

anyways... best of luck. if you lose, you have another chance to go into court and talk to the judge. woot woot!

hey, you wanna ride on saturday morning?
Hey wattup Tetsuo...

So how did you win 3 times? any pointers? Im just gonna say this: I would like to ask the court to drop this case for the simple reason that my last name was misspelled and that person is not me. Thank You. hahaha

Im going to the CLippers game on Saturday. Mah bad bro...
 

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kaneda!
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i can send you my copies and hopefully it'll give you some examples and pointers tonite when i get home from work.

if ^^^ that is your arguement... i doubt you will win. you probably have to make a better excuse. i dunno.
 

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Speed Limit

20 in a 25... if i understand correctly the spped limit is the max speed you should go on a praticular road... going 5 under is not that big a deal.... unless there is tons of cars flying past you... i think here in michgan you can get a ticket for not going as fast as the rest of the traffic. but this is only used when the blue hairs get out on the highway going 45 in a 70... and everyone else is going 80... i think you should get this thrown out fairly easily...:2cents

Good luck!
 

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MrCLoWnY said:
Im just gonna say this: I would like to ask the court to drop this case for the simple reason that my last name was misspelled and that person is not me. Thank You. hahaha
Don't tell them more then they need to know...

Just say, your have some sort of mix up, and this is not me.
 

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Discussion Starter #9
ochlocracy said:
Don't tell them more then they need to know...

Just say, your have some sort of mix up, and this is not me.
I thought about that.. Do you think that will work? although they have my license number correct? althought my home address is incorrect as well.
 

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Where you doing 20 in a 25 on 1 wheel? What the hell kinda ticket is that?

The mis-spelling of your name will not get you out of a ticket.

Fight it with politeness.
 

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kaneda!
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its not going to work. people get their names mispelled all the time. the judge will just match your drivers license. that is all that he needs.
 

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Stonecutter
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I am sure laws vary by location. I am in Canada and my experience with this may not apply.

I got a bogus speeding ticket last year on the 6 that was eventually dismissed for other reasons. There were 3 mistakes on the ticket: date of birth, DL#, and incorrect spelling of my last name.

While these mistakes were mentioned in court, they were quickly ammended and were not a reason for immediate dismissal of the charge.
 

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Phi Alpha
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Speed Limits are based off of "optimal conditions."

If you are going 40 in a 55mph and it is snowing, foggy, or raining and the officer has a wild hair, he can give you a ticket for speeding....you can only go as fast as you can safely operate the vehicle (as determined by the state).

I had a ticket with the wrong info on it, but I still got nailed on it...no chance of getting it thrown out. The lawyer got me supervision and traffic school....but I still had fines, etc.

Good luck bro.

CHEERS
 

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The basic speed law in California is based on a traffic survey, which determines the posted speed for that area. As stated earlier, to beat an unsafe speed ticket you must prove you were either not traveling at the stated speed or if you were traveling at that stated speed, why it was safe for you to do so.

Errors such as you mentioned on a citation will not get you out of the ticket. You may want to use the fact that if the cop screwed up my name and address, he probably screwed up how fast I was going, what the traffic conditions were like, how many pedestrians were present, etc.

If you really intend to tell the judge (in person or in writing) it was not you, be prepared for the officer to appear in court and identify you as the guy he cited. It will probably not be real difficult to prove it was you and you lied. Remember, most cops in So Cal carry tape recorders and tape record their entire conversation with you. So, instead of fighting a 5 mph UNDER the posted speed limit ticket (which hopefully you can beat) you get the opportunity to spend some time in the LA County jail, and maybe state prison, for perjury.

Don't do something stupid. :thumbup
 

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r6centralcom
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If your house number is wrong and name is spelt wrong, I would of wrote "Return to sender" on the envelope and leave it at that. Maybe if I got another letter I would call and questiont hem on why you are getting the letters. Tell them it is not you, you do not know of a person at that address or with that name...tell them that you have not rode your bike in over a year...lol In fact the bike is in storage in your garage. Then a few hours later call back and talkt o the same person and say you checked ont he bike int he garage and you noticed the lic plate was gone (will explain the plate number being on the ticket). They will tell you to report the missing plate, which then you just need to toss it and report it to the DMV. Get a new one. They still might have you show to court, which you just show the Judge your plate was stolen and someone must have tried to make a fake ID of you because your address is nto that, and your name is not spelt like that.

This seems like it might work, however a lot of work for a "simple" speeding ticket...lol I would save this method for if it was a wreckless or another matter that would mean loosing your lic over. Because at that point anything is worth trying.
 

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how exactly did you win, wouldn't mind knowing this as I got a ticket previously and they put the court date on wrong (they actually put a date that was in the past on the ticket) and I couldn't get out of it? Congrats!!
 

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Discussion Starter #20
Well I got my letter on Wednesday from the court but they didn't give me a reason other than I was Not Guilty.....

I think it was my letter I wrote... but I mean I was well under the speed limit.. although i didn't mention that one of my wheels was not on the ground but hey.. I won!!!!!!!!!!!!!
 
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