Wrong date on ticket

[blackfire93]

I recently got a ticket for engaging in speed contest. sorry, it wasn't really a race though. I would have been ahead if it were. It was 5-22-05 at 12:36 a.m., but the cop dated it for 5-21-05. The ticket also says engaging in a speed contest in an unpatrolled area. Unpatrolled because the cop never got our speed on his radar. Does the wrong date on the ticket make it invalid? What should I plea?

[TraceZ]

Yes, I believe the ticket is void if the information on it is incorrect. All you need to do is show that and you should be off the hook.

[Steel2686]

Always plead innocent. As long as you have a clean record, at very worst, they'll reduce the charges and fine. The incorrect date means nothing if they can prove which date is was by when your plate was called in. Otherwise, you may have a shot.

[Dave M]

The date should make it invalid, but stranger things have happened. Show up for the court hearing, if the cop shows up then fight it based on the date. Make sure you're 100% correct that the date is wrong, though. Don't want to look stupid. And the cop doesn't need to get your speed, that's why they make laws like "engaging in a speed contest."

[TraceZ]

The date should make it invalid, but stranger things have happened. Show up for the court hearing, if the cop shows up then fight it based on the date. Make sure you're 100% correct that the date is wrong, though. Don't want to look stupid. And the cop doesn't need to get your speed, that's why they make laws like "engaging in a speed contest."

I wouldn't just show up for the scheduled hearing. Delay it twice, then show up. The chances of the cop being there will be slim then and if the cop isnt there, the ticket gets dropped if you plea innocent because there is no witness to testify against you. This in combination with the incorrect date will just about garantee you get off.

[Christopherrr]

I wouldn't just show up for the scheduled hearing. Delay it twice, then show up. The chances of the cop being there will be slim then and if the cop isnt there, the ticket gets dropped if you plea innocent because there is no witness to testify against you. This in combination with the incorrect date will just about garantee you get off.

don't show up to court? Really? If you did that here in Atlanta you'll be getting a knock on the door and a warrant out for arrest. Yup...I was late for a court hearing for speeding and they were in process of putting a warrant out on me...and that I would have to put up bond to stay out of jail! Good thing all I had to do was show an official letter stating I was on the job to the judge the next day.

[N20LT4Bird]

don't show up to court? Really? If you did that here in Atlanta you'll be getting a knock on the door and a warrant out for arrest. Yup...I was late for a court hearing for speeding and they were in process of putting a warrant out on me...and that I would have to put up bond to stay out of jail! Good thing all I had to do was show an official letter stating I was on the job to the judge the next day.

You cant just not show up....you have to call ahead and reschedule.

The wrong date on the ticket wont get you off the hook just by showing that to the judge.....so dont bother. The District Attorney will NOT want to go to trial, so he will offer you a reduction. Now, if your up for sime fun, dont say ANYTHING about the wrong date on the ticket. Just ask for a trial (and watch him squirm around a bit). If you dont want the hassle, just plead to the lesser charge.

If you decide to fight it, and you do it properly, you will win. You must prepare yourself with some knowledge of the court system or they will beat you no matter what. Get a book on it. NEVER take the stand and testify. Offer NO first hand info of what happened.....this is your RIGHT (5th amendment). You will have the chance to cross examine the officer in the trial. Ask him what the date and time was of the infraction. If he gives you the date on the ticket, then go on to question his whereabouts on the actual date of the ticket....he will realize what he did at this point and probably start to backpedal....cut him off (no further questions).....YOU are in charge now, not him. Next call a witness to the stand that can verify your wherabouts on the date he named. Once this is finished, the judge will know where youre going with it. Ask for a dismissal based on the fact that the wrong date is on the ticket.

Now, if the cop actually names the correct date (which he probably will not, especially after rescheduling a few times )....just immediately ask for a dismissal.....

If the judge doesnt dismiss it, appeal it......that'll really piss them off.

Id be smiling ear to ear if I got that ticket......I love messing with the crooked system. Good luck, I hope you beat the snot out of them.

[TraceZ]

You cant just not show up....you have to call ahead and reschedule.

Sorry, that is what I meant.

[MN6WS6]

OK, as the devil's advocate here, I will have to give you my experiences. The last time I got a ticket, I was standing in line to talk to the judge when what has to be the stupidest SOB in the planet walked up there. He said innocent, the judge asked why, and he said because I have a timesheet from work that says I was at work at the time the ticket was written. The judge says "So the cop wrote the wrong date on the ticket?" The guy said yes (and it was only a one day discrepancy). The judge said, "So if you committed murder, and the DA wrote the wrong date on it, you think you should get off because the date's wrong?"

This guy kept on and on, the judge practically pushing him to plead guilty and take the fine, and the guy kept up his BS, even laughing at the judge. The judge said "Fine, enter plea of not guilty. But just so you know, I will be hearing your case on this date and I will remember this." I feel for that guy, cause they're gonna nail him.

So, just because the date is wrong, does not mean you get off. And if you piss off a cop or a judge, you better watch your butt, because they are gonna be on you like stink on crap. If you fail to signal, you'll get a ticket. You better sell your car or move, because they will remember that kind of crap. I highly suggest you get a lawyer if you plan on fighting this and don't try the shenanigans, because cops and judges don't forget smartasses. And God forbid you get a cop who keeps his ducks in a row. He will come to court with all kinds of information, and will have an answer for every question you throw at him. The date being wrong is Hollywood-movie junk, in real life you probably won't get off because of that.

[blackfire93]

does anybody know how much the fine on a ticket like that would run me?

[DJ Taso]

There's 1 thing you need to know about the court system: they don't care if you guilty or not. They just want your money. They want you in and out. Pay the $75.00 fine and ask for supervision. That's it. But make sure you have a clean driving record or you can forget about supervision.

[N20LT4Bird]

OK, as the devil's advocate here, I will have to give you my experiences. The last time I got a ticket, I was standing in line to talk to the judge when what has to be the stupidest SOB in the planet walked up there. He said innocent, the judge asked why, and he said because I have a timesheet from work that says I was at work at the time the ticket was written. The judge says "So the cop wrote the wrong date on the ticket?" The guy said yes (and it was only a one day discrepancy). The judge said, "So if you committed murder, and the DA wrote the wrong date on it, you think you should get off because the date's wrong?"

This guy kept on and on, the judge practically pushing him to plead guilty and take the fine, and the guy kept up his BS, even laughing at the judge. The judge said "Fine, enter plea of not guilty. But just so you know, I will be hearing your case on this date and I will remember this." I feel for that guy, cause they're gonna nail him.

So, just because the date is wrong, does not mean you get off. And if you piss off a cop or a judge, you better watch your butt, because they are gonna be on you like stink on crap. If you fail to signal, you'll get a ticket. You better sell your car or move, because they will remember that kind of crap. I highly suggest you get a lawyer if you plan on fighting this and don't try the shenanigans, because cops and judges don't forget smartasses. And God forbid you get a cop who keeps his ducks in a row. He will come to court with all kinds of information, and will have an answer for every question you throw at him. The date being wrong is Hollywood-movie junk, in real life you probably won't get off because of that.

Gotta disagree completely......its not hollywood movie crap....its United States of America crap. The only reason cops and judges act like they are the most important thing around is because people dont stand up and fight. You are innocent until proven guilty and you bet your (you know what) that if im accused of murder and they have the date wrong at the trial.....im walking. A court trial is very precise thing with very precise rules and there are many times and instances when you can get off on technicalities. My father went in about a year ago and fought a speeding ticket. He was speeding 50 in a 35, but the speed limit sign was not legally posted.....guess what.....it wasnt a legal ticket and he walked. It took a lot of research, but he found his loophole.

The last one I took to trial was for a ticket I got after an accident. The cop gave me a ticket after I TOLD him what happened. He wasnt there to see anything. The whole ticket was based on hearsay....so the only way they could convict me was if I were to testify in court. The cop could not testify as to what he heard me say at the scene. I plead the fifth and walked.

Im not saying that you should be a smart ass....by no means. But, there is no way that ticket would hold water in any decent court in this country......if it is fought correctly. You dont need a lawyer. Ive never brought a lawyer in for a traffic ticket. If you can read and have a brain in your head, you can learn the court procedure and present your case like an intelligent person. Is the judge gonna like it? No!......good thing he cant rule on what he likes. If he did, id be on the phone to the board of judicial review the next day. Theyre judges, not kings....they have to answer to someone too.....and if they do wrongly convict theres always the appeal!

If you were to go in acting like you were on an episode of law and order and laughing at the judge and being a general idiot, I would agree with you MN6WS6......your not gonna get anywhere. But, if youre following court procedure, and you are well read on the subject, you can beat them at their own game.....and thats a sweet victory IMO!

[N20LT4Bird]

There's 1 thing you need to know about the court system: they don't care if you guilty or not. They just want your money. They want you in and out. Pay the $75.00 fine and ask for supervision. That's it. But make sure you have a clean driving record or you can forget about supervision.

True. Knowing that can be advantageous. If they know you are willing to push it to trial they will ALWAYS offer a reduction because it costs too much money to try the ticket. They have to pay a judge, a baliff, the D.A., the recorder, etc, for however long the trial lasts...thats more money than they would earn on the ticket! If the reduction is a sweet deal, its often beneficial to take it. If its not sweet enough, schedule a trial date and the D.A. will call you in before the trial and offer a better reduction.

[Craig 94 TA GT]

I think it does have to do a lot with how much you prepare. My co-worker once got a ticket for speeding and no front plate. He ended up taking it to court. He prepared day and night, and won. According to him, the cop came in all smug with his calibrated radar, and was all cocky in front of the judge. He showed off his accurate radar and gave a detailed story of what happened that day....except for the fact he kept calling my co-worker "Mr. Johnson" instead of "Mr. Jackson." Well, it turns out that the cop wrote something on the ticket after he gave the copy to my coworker...so the copies didn't match. It was something as dumb as "cloudy weather" in the notes section...but I forgot exactly what it was. After the judge found out, the cop's face turned cherry red, and the judge immediately threw it out.

[gimp19]

My brother Sean got a speeding ticket last year, the cops had writting was so sloppy it looked like Gean on the ticket also all the court notice's and paperwork said Gean on them. He showed up for court, and the judge let him off scotch free.