My speeding ticket has two errors, could it be dismissed?

Question

I received a ticket tonight for going 82mph in a 65 zone. I'm not admitting guilt, and I am wondering if I could fight it with the following argument...

The officer checked that the time he wrote the ticket was 8:45am, when it was in fact 8:45pm. He also wrote my address number as 45425, rather than 45428.

My argument would be, that since he obviously misread my address and the time of day, is it possible he also misread the radar gun? Could fatigue have blurred his vision, or caused him to pull over the incorrect car?

Does this argument have any validity? Do I stand a chance? I'm going to contest the ticket through written declaration through the mail, and if I receive an unfavorable verdict, I might opt for a retrial in person.

Any help would be appreciated. I'm not looking for people to tell me just to pay the ticket because I was cited either, I would appreciate thoughtful responses. Thanks for the time.

Answer 1

And you know what the officer will say:

"On XX-XX-XX at about XXXXpm, I observed a vehicle traveling at what appeared to be approximately 80 MPH in a posted 65. I confirmed my visual observation with the radar gun that display 82".

In my experience, simple clerical errors do not invalidate a citation. Judges know that people make mistakes when writing and if the errors are minor, it's not big deal.

Answer 2

Clerical errors are never enough to get your case dismissed.  Instead of trying to fight tickets that you deserve, just don't speed and learn to follow the traffic laws.

Answer 3

Try it but it won't work and 17mph over ain't pocket change.

Answer 4

sadly for you, mistake of fact is not reasonable grounds for a dismissal.

Answer 5

I really doubt that your argument will hold water, The court recognized a police officer as a duly sworn officer, And a misprint as you have mentioned is slight. The judge mostly mostly sides with the cop. But you have the right to contest the ticket.  Beware if you loose in court you may have the right to appeal depending upon the municipality but court costs will add up and you will loose even more money.

Answer 6

no it can't. you see, only police can make mistakes, not ordinary people.

Answer 7

If those are the only two reasons you have to contest the ticket, be prepared for the possibility of a PO'd judge.  In many cases he can have you cover court costs, in addition to the fine and points.

Answer 8

Sounds like the judge might side with the cop BUT you never know really.  You should try it.  What have you got to lose?

Answer 9

If the officer notices the mistake and informs the prosecutor, the answer should be no. In court the prosecution goes first. All the prosecutors has to do is inform the judge (court) that they are amending the charge (ticket, citation) .

Answer 10

Why don't you appear before the magistrate and appeal the ticket in person?

Your contested ticket through written declaration will most likely not be in your favor.

How is your driving record?  The judge or magistrate always considers your previous record and your attitude and demeanor.

If I had a good record I would go to see a magistrate to tell him/her my side but to tell the truth your argument seems a bit lame as the two mistakes the officer made are minor and you were going over 17 miles an hour over the speed limit.

If I was a judge or magistrate I don't think I could let you slide without some kind of fine or punishment.  But you can try if your record is perfect.