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LADYLAWYER
LADYLAWYER, Lawyer
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I was written a speeding ticket and was told my license was suspended (it is not). The cop

Customer Question

I was written a speeding ticket and was told my license was suspended (it is not). The cop put the wrong driver's license on the ticket and wrote it to the complete wrong person, but wrote my car information. I called the court who told me to call the state trooper, who called me back a week later and left a message saying he dropped the invalid license charge but was going to change the ticket to my name. I did not admit to speeding, but did tell the cop that the ticket he wrote was supposed to be to me. Is it legal for him to completely change a ticket a week later and is there any way i can get out of this ticket based on his incompetence? I have not called him back yet and given him my address.
Submitted: 3 years ago via SpeedingTicketCentral.
Category: Legal
Expert:  LADYLAWYER replied 3 years ago.

LADYLAWYER :

Hello, Thanks for choosing Justanswer.com! I look forward to helping you with legal information today.

Customer :

Thank you for your help

LADYLAWYER :

I would certainly take this before the judge to see if you can get it dismissed. You don't want to not give him your address or he may not change the ticket.

LADYLAWYER :

You're welcome! I am typing and pressing send every few seconds.

Customer :

so you would recommend contesting the charge and not calling the trooper back?

LADYLAWYER :

If you challenge the ticket and the officer doesn't show up to contest it, then you win your case by default.

LADYLAWYER :

Yes, I would call him back, if only for the fact that you want him to change the invalid license charge.

LADYLAWYER :

Of course, if you don't call him back, you would just go in front of the judge on the ticket as it reads now and it could be dismissed as it currently reads.

LADYLAWYER :

So really, whether you call him back or not is fine.

LADYLAWYER :

I think the judge is going to dismiss whatever comes before him.

LADYLAWYER :

The officer can legally amend the ticket--right up until you go in front of the judge, but this is pretty far out there and I think the judge will side with you here.

Customer :

if i dont give him my address though does that keep him from amending the ticket?

LADYLAWYER :

Well, that would be up to him. I don't know what he would decide to do. But if you plan to challenge the ticket, you are going to go before the judge whether he amends it ot not.

LADYLAWYER :

In any case, you are NOT legally obligated to call him back and give him your address.

LADYLAWYER :

Also, you can keep checking with the clerk of the traffic court to see if the ticket has been amended.

Customer :

i see. but based on the fact that he completely screwed up writing the ticket and didnt just misspell my name but put the wrong name and dl#, would you say it has a decent shot of being thrown out?

LADYLAWYER :

Yes--this is really negligent and the court would not be able to trust the officer's judgment in a case like this. Even if the ticket is amended, I think you can get it thrown out when the judge hears the story.

Customer :

would you recommend calling an attorney?

LADYLAWYER :

And again, if the officer doesn't show up to testify, you automatically win no matter what.

LADYLAWYER :

I don't think it is necessary, but I can tell you that about 80% of the time, if the officer or his superior knows an attorney is going to be representing a party, they will just not show up to court. There are many traffic clinics nowadays that charge about $250 and they guarantee you will get out of your ticket or you don't have to pay them.

Customer :

so if i go to court without representation, would i just ask for the judge to dismiss the ticket due to extreme negligence?

LADYLAWYER :

You would just explain what happened and say that you weren't speeding and that the court should not trust the officer's judgment in this case because he was negligent in getting any of the information correct. Then you will state that once you had to point out the correct information to him, he decided to give you a speeding ticket just so the city (ir county) would receive some sort of funds.

LADYLAWYER :

that should be *or county

Customer :

lastly, would bringing up that i tried to tell him at the scene that there was some sort of mistake because i do not have a suspended license and him not only ignoring me but tellingme he could take me to jail have any value?

Customer :

he was quite uncooperative.

LADYLAWYER :

Sure, I think you could tell the judge that you attempted to give him the correct information and that again, he was negligent in checking the information and getting to the bottom of things.

Customer :

alright, well thank you very much for the advice.

LADYLAWYER :

You're very welcome!

LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience: Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
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