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Any errors, omissions, mistakes, or ambiguous information and incomplete information can be used to possibly cancel the ticket.
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.
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.
This appears to be an improper ticket that you should be able to contest.
THank you Dimitry!
You are most welcome, glad to help!
Should I file for dismissal via mail, or will I have to wait for the court date and get it dismissed during the hearing
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.
It would be wiser to pursue it via the courts.
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
Correct, since you can state that the information under the ticket does not belong to you
the information does not match the vehicle image
and the information is not correct specifically to you, you can seek to dismiss
ok thank you!
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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?
*can they correct it (the police department)
No, they cannot correct it in court (which is why going to court is so important).
They have to answer the citation as it was granted, they cannot amend it in front of the judge.
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