Another Speeding Ticket Question

ive been doing alota research on getting out of tickets and if u play it off right u can totaly get out of the ticket for that...if i were u id bring a picture of ur license plate, copy of some form with ur real license plate and copies of the ticket (ull need 3 of everything)

 

u can ask leading questions like "so you copied my licesnse plate wrong?...than is it possible u misread the read out on the radar gun?"

 

"No sir, I'm absolutely certain I read the radar gun properly and wrote it down properly. I may have made a mistake typing the plate number in, but the speed was exactly what the radar gun said."

That's not how you cross-examine a witness. You hammer home the mistake, over and over, and let the judge draw the conclusion that the witness is not reliable. Ask a question like that, and the cop will drive a stake through your heart.

This is a good example of why you should hire a good attorney to handle these things if you want to get off. DIY may be for shade tree mechanics, but working the legal system takes experience and knowledge. Call that guy everyone raves about, Frank Sousa (?), or someone else who does this for a living.

 

All due respect people. You are arguing about the license plate being entered or displayed improperly. If this was a PARKING TICKET it would be grounds for dismissal. Buts its a MOVING Violation!!!! Depending on the jurisdiction , I would be surprised if that alone got the ticket thrown out. And when the cop admits to the possibility that he did enter the wrong plate information, your still gonna have to fight the Speeding aspect of this entire situation. Now if on this same ticket, he spelled your name wrong, or typed the Drivers License Number wrong, then you could just go to court and say IT WASN'T ME!!!!!! But, I don't see that in this situation.


Good Luck with the outcome.

 

I have to agree with the statements above

If the officer has most of your info right and he issued the ticket to you in person I dont think that a slight technical thing like a mispelling will get your ticket dismissed but I will let you know what happens with my ticket where he wrote down the wrong plate as well when we go to trial.

 

Believe it or not, Fast and Furious is onto something. It really depends on the jurisdiction, judge, court room testimony of the cop etc. If you want the full run down, pm me your number and I will go into greater detail.

 

If i recall from the past you may be able to get the ticket dismissed based on a defense called 'prima facia'. Not sure about the spelling but it just means that on the face of it the ticket is inaccurate. I have seen moving violations in the NYC court system thrown out based on this. But as some have mentioned experience is a must in these cases. Keep us informed and good luck.

 

Let me know what happens.

 

Do the lawyer thing. I've had my share in Rockland (though, to be fair, most of the cops are pretty decent and like fast red things), and the courts are generally amiable to pleading the lesser.

The Rockland sheriff's department, however, is another matter entirely. Those dorks will write you up like they get a bonus for each one.

 

That's not what prima facie means. In order to survive a motion to dismiss after the end of the state's case (before the judge has heard any evidence from the defense), the prosecutor has to make out a "prima facie" case. To do that, he must have proven all of the elements necessary to prove a violation of the law, assuming that everything the state put into evidence is taken as true. If one of the essential elements of the case is missing, then the judge will dismiss the case for failure to make out a prima facie case.

However, a ministerial error on the ticket, like inaccurately writing down the plate number, are subject to correction. While it might give you something to argue about, it doesn't automatically lead to dismissal of the ticket. If you really want to beat the ticket, get a lawyer, go to court and see what you can do.