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Chris T., JD
Chris T., JD, Attorney
Category: Legal
Satisfied Customers: 3802
Experience:  Experienced in both state and federal court.
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My question is that I was stopped for speeding but the address

Customer Question

My question is that I was stopped for speeding but the address he wrote down is about 10 miles down the road. On a citation, doesn't the officer need to write down the appropiate address??
Submitted: 2 years ago.
Category: Legal
Expert:  Chris T., JD replied 2 years ago.

TexLawyer :

The fact that the officer wrote down the wrong address does not affect the validity of the ticket.

TexLawyer :

In court, the state is not required to prove the contents of the ticket are correct. There will be an information filed by the prosecutor and that is the document that formally charges you. The ticket is just notice to appear - not a formal charging instrument.

Customer :

but the speed where he stopped me is 65 and he put 55

TexLawyer :

I'm sorry, I thought you meant your address was incorrect.

TexLawyer :

What he wrote down is not important, what is important is where you actually were and what the speed limit was.

Customer :

no he wrote dpown N 800 blk of 274 and it is actually 18905 N 274, about 10 miles up the road

TexLawyer :

You need to request a copy of the officer's in car video. That should help you clear up exactly where he stopped you.

Customer :

he has no video said he used radar

TexLawyer :

Almost all police cars are equipped with in car video that activates when they turn their lights on. Have you requested it yet?

Customer :

no, he passed me and said he observed me at 72 and radar has me at 70 , he was coming at me, but the spped limit is 65

TexLawyer :

So, either way you would be speeding, correct?

Customer :

the speed limit is 55 at the address he wrote down and changes about 5 miles back from where he stopped me at, it turns to 65, where he passed me was 65

Customer :

I told the cop when he pulled me over I was doing 65. I never stated I was doing more then that

Customer :

no I was not speeding

Customer :

I was between 65 and 70 mph on my car

TexLawyer :

But he will say he radared you at 70?

Customer :

my question is if he wrote down the wrong address where he pulled me over, and writing down the speed limit for that address instead of it being 65 for the address he did pull me over at, so a cop can write down all the incorrect info on a ticket is what you are saying and still prove me guilty??

Customer :

I never saw the radar

TexLawyer :

The problem you have is proving he wrote down the wrong address.

TexLawyer :

Also, even if you could establish that it was the wrong address (which may be difficult), you still have the issue of his testimony that he had you on radar at 70+, which puts you above either speed limit.

TexLawyer :

Having the wrong address does not make it automatically dismissable.

Customer :

are they set up when they come up to the car everythinbg is recorded and if so can I ask for a copy of that, cause I argued with him about the speed saying I was doing a lil over 65 but was not over 70 and that is where he stated I observed you doing 72 but have you on radar as 70, I said how do you observe a 2 mile difference and he said he was not going to argue with me

TexLawyer :

Typically, police wear body microphones.

Customer :

and if so I can ask for a copy correct

TexLawyer :

Yes, you can ask for a copy. In fact, if you request it, you are entitled to it.

Customer :

how do you request it, in writing??

Customer :

or is there a form I need to fill out up there

TexLawyer :

Yes. Typically, the request is made to the prosecutor.

TexLawyer :

No form, just a letter.

Customer :

ok thanks

TexLawyer :

Can I help you with anything else?

TexLawyer :

If there isn't anything else I can do for you, please click the ACCEPT button. Good luck.

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