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Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Traffic Law
Satisfied Customers: 41221
Experience:  Run my own practice.
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Hi, I just received a red light ticket in the Mail 8/1/2013

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Hi,

I just received a red light ticket in the Mail 8/1/2013 (39 days) after the alleged incident, on June 24th 2013, I thought they had to notify my of my violation within 15 days. Anyway, I'm pretty sure the light was yellow when I went through, but the pictures show red. My question however is, the citation came to me with the correct name and address as being mine, but the registered owner of the vehicle is a totally different name, and the make, model and year of the car are totally different from the car that I drive, (the car in the picture car IS in fact my car) AND the driver's license number is XXXXX -- it lists my California Identification Card as my driver's license, when in fact my driver's license is from a different state. Is there grounds for me to stand on to get the ticket dismissed?

Dimitry Esquire :

Thank you for your question. Please permit me to assist you with your concerns.

Dimitry Esquire :

Any errors, omissions, mistakes, or ambiguous information and incomplete information can be used to possibly cancel the ticket.

Dimitry Esquire :

What the courts look to are whether or not the errors, when put together, make it more or less likely that there is a substantial risk that the ticket was improperly drafted or provided.

Dimitry Esquire :

If the vehicle is improperly identified, with the make and model being incorrect, that permits you to claim that the errors are substantial enought hat warrant dismissal of the ticket.

Dimitry Esquire :

This appears to be an improper ticket that you should be able to contest.

Customer:

THank you Dimitry!

Dimitry Esquire :

You are most welcome, glad to help!

Customer:

Should I file for dismissal via mail, or will I have to wait for the court date and get it dismissed during the hearing

Dimitry Esquire :

One error is likely too minor, but multitude of errors makes this a 'material' issue with the ticket, which gives you the right to demand that it be dismissed.

Dimitry Esquire :

It would be wiser to pursue it via the courts.

Customer:

ok thanks, XXXXX XXXXX should plead not guilty and follow by showing the errors on the ticket, with proof of what I actually drive? The car in the picture IS mine, but all the information besides my name and mailing address is wrong, like the registered owner of the vehicle which is me... but it says someone else, and the make and model of the car, along with my driver license

Dimitry Esquire :

Correct, since you can state that the information under the ticket does not belong to you

Dimitry Esquire :

the information does not match the vehicle image

Dimitry Esquire :

and the information is not correct specifically to you, you can seek to dismiss

Customer:

ok thank you!

Dimitry Esquire :

You are most welcome, glad to help!

Dimitry Esquire :

If satisfied with my work, please do not forget to positively rate my answers to you so I may obtain credit.

Dimitry Esquire :

Thank you!

Customer:

Will do, one more question.... if I respond to the ticket stating that the information is wrong, can the correct it to the right information, or should I withhold that information until the court date?

Customer:

*can they correct it (the police department)

Dimitry Esquire :

No, they cannot correct it in court (which is why going to court is so important).

Dimitry Esquire :

They have to answer the citation as it was granted, they cannot amend it in front of the judge.

Customer:

gotcha! Thanks!

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