Have Legal Questions? Ask a Lawyer Now.
Hello, Thanks for choosing Justanswer.com! I look forward to helping you with legal information today.
Thank you for your help
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.
You're welcome! I am typing and pressing send every few seconds.
so you would recommend contesting the charge and not calling the trooper back?
If you challenge the ticket and the officer doesn't show up to contest it, then you win your case by default.
Yes, I would call him back, if only for the fact that you want him to change the invalid license charge.
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.
So really, whether you call him back or not is fine.
I think the judge is going to dismiss whatever comes before him.
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.
if i dont give him my address though does that keep him from amending the ticket?
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.
In any case, you are NOT legally obligated to call him back and give him your address.
Also, you can keep checking with the clerk of the traffic court to see if the ticket has been amended.
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?
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.
would you recommend calling an attorney?
And again, if the officer doesn't show up to testify, you automatically win no matter what.
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.
so if i go to court without representation, would i just ask for the judge to dismiss the ticket due to extreme negligence?
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.
that should be *or county
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?
he was quite uncooperative.
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.
alright, well thank you very much for the advice.
You're very welcome!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).