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i got two tickets with the wrong plate #, vehicle make, model,

Resolved Question:

i got two tickets with the wrong plate #, vehicle make, model, color, and vin #. both tickets have the same information on them. what can i do about his creditablity? under wisconsin law, what kind of case do i have?

Submitted: 1 year ago.
Category: Legal
Expert:  FranL replied 1 year ago.

Hi Jacustomer,

These are the kind of errors that would make the state's case against you facially insufficient.

If the tickets you have are defective on their face because a necessary element of the charge is missing, then your citation may be dismissable outright. That is, if it's the wrong car, it's not a valid document under which you can be prosecuted and the court lacks jurisdiction over your case.

Even if you decide that you don't want to go to trial, you have nothing to lose here if, at your first opportunity to speak in court, you ask that the case be dismissed because the citation is facially insufficient. Make sure you bring your registration and insurance papers so that they can see what you drive. The worst that the court will do would be to deny you and to allow the other side to amend the ticket to get this right. The best is that you win, very quickly.

If the case does go on. you can argue that the officer's observations were unreliable, because he was clearly watching some other car.

FranL, Attorney
Category: Legal
Positive Feedback: 97.2 %
Satisfied Customers: 11907
Experience: 18 years of NYC criminal litigation experience.
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