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I am being sent a a court summons for a speeding ticket that…

I am being sent a...
I am being sent a a court summons for a speeding ticket that I didn’t have. What can I do
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Answered in 3 minutes by:
10/12/2017
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Traffic Law
Satisfied Customers: 32,264
Experience: Lawyer. Former judicial law clerk. Worked for District Attorney's Office in Traffic Court.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

What do you mean that you didn't have the ticket? Is this a photo ticket? Did they send it to the wrong person?

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Customer reply replied 8 months ago
Sorry I mean it wasn’t my car nor was. Driving

Thank you. Why did they send you the ticket?

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Customer reply replied 8 months ago
I think it’s my brothers and they’ve got confused
Customer reply replied 8 months ago
It wasn’t my car and I wasn’t driving I didn’t even have a licence then

You can go to court and dispute the ticket on the basis that you weren't the person driving. If you request a trial, the police officer has to be able to identify you as the person he stopped. He shouldn't be able to do that unless you and your brother look very much alike.

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Customer reply replied 8 months ago
We look the complete opposite
Customer reply replied 8 months ago
Thanks

Usually, the reason this happens is that the driver hands over someone else's license. That may be what happened here. You can tell the judge that your brother was driving and that you believe he was the one who got the ticket. The judge will want to see a picture of your brother. You'd have to show it to the officer and ask if that's the person he saw.

If it is, your brother could face charges for giving false ID to a cop. I bring it up because if you go to court and say it wasn't you, they're going to ask who it was.

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Customer reply replied 8 months ago
Well I don’t want to say it was him
Customer reply replied 8 months ago
He actually gave the correct details but they’ve got it wrong

Then you can just go to court and explain that they made a mistake. Again, since you two don't look alike, when the officer comes in, he should admit that you're not the person he saw driving.

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Customer reply replied 8 months ago
Do they usually admit their mistakes?

I have seen officers come to court and say that they do not recognize the ticketed person.

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If your brother would also come to court and testify that he was the one driving, it would help significantly.

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Customer reply replied 8 months ago
That’s good
Customer reply replied 8 months ago
I don’t want him to come hel’l probably lose his license lol

Yes, but he's the reason you're going to court in the first place. If he doesn't come, that makes it more likely that you'll be stuck paying his ticket.

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Customer reply replied 8 months ago
Not if there’s a trial and the officer admits it wasn’t me

True. Hopefully, that is what will happen.

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Customer reply replied 8 months ago
hope so

Good luck.

Please rate my answer positively to ensure I get credit for the time I spend helping. If you are on a mobile device, you may need to scroll to the right. Thank you.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Traffic Law
Satisfied Customers: 32,264
Experience: Lawyer. Former judicial law clerk. Worked for District Attorney's Office in Traffic Court.
Verified
Lucy, Esq. and 87 other Traffic Law Specialists are ready to help you
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Customer reply replied 8 months ago
You were fantastic!

Thank you!

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Lucy, Esq.
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Category: Traffic Law
Satisfied Customers: 32,264
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Experience: Lawyer. Former judicial law clerk. Worked for District Attorney's Office in Traffic Court.

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