Traffic Ticket with wrong date it...advice? - K-Bikes.com - Excellence in Motion
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post #1 of 43 (permalink) Old Oct 18th, 2006, 4:38 pm Thread Starter
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Traffic Ticket with wrong date on it...advice?

I left on October 4th for Las Vegas on my '04 GT. I have a badge and a commission card but apparently, it's not good for all situations. I was on I-10 west of Baton Rouge going over a long bridge (10 miles) in St. Martin Parish. I got clocked by a trooper doing 92 in a 60 mph zone. I got off the bike, presented him my creds and he proceeded to write me. I asked for a professional courtesy but he didn't even look up from his pad.

Some troopers are really good about this and others follow the rules without exception. I'm ok with that.

After several days I revisited the ticket and it has the issue date as September 5th. I was at work or in the gym at 6:05 a.m. on that date, not on any bridge with any trooper. The ticket date was in October, so the guy clearly made a clerical error.

How should I approach this? Should I simply show up to court on my assigned date and plead not guilty? Can I be compelled to give the actual date of the citation or would this be incriminating myself?

I'll be consulting a lawyer friend when I get back, just wondered what you guys thought about it.

Thanks,

Gravity

Last edited by Gravity; Oct 18th, 2006 at 4:54 pm. Reason: spelling
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post #2 of 43 (permalink) Old Oct 18th, 2006, 5:03 pm
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In New York, that is grounds for a dismissal.
Mail in the summons with the notation of the incorrect date and it is over.

End of story.

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post #3 of 43 (permalink) Old Oct 18th, 2006, 5:17 pm
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Not to sound harsh, but you're in law enforcement and you chose to go 92 mph in a 60 mph zone? I guess that backs up my assumption that most times when I see a police car exceeding the speed limit without lights on then the guy is just abusing his position.

As far as the ticket goes, you should have to pay it but will probably get off if the date is incorrect.


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post #4 of 43 (permalink) Old Oct 18th, 2006, 7:01 pm Thread Starter
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Originally Posted by davidk63
Not to sound harsh, but you're in law enforcement and you chose to go 92 mph in a 60 mph zone? I guess that backs up my assumption that most times when I see a police car exceeding the speed limit without lights on then the guy is just abusing his position.

As far as the ticket goes, you should have to pay it but will probably get off if the date is incorrect.
Yes, I know...I was passing....no excuse for excessive speed. I try not to abuse the creds but I too, have the fastest color. I was blameless for the 1800 remaining miles, honest I was. I also plan to be a safe, law abiding driver on the 1900 miles in the next two days.
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post #5 of 43 (permalink) Old Oct 18th, 2006, 7:13 pm
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Originally Posted by Gravity
I also plan to be a safe, law abiding driver on the 1900 miles in the next two days.
Let's see.

Safe, law abiding.

1900 miles in TWO days.

Yup, I can see where all those words can fit very nicely
in one sentence.

Uh huh.....I really can.

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post #6 of 43 (permalink) Old Oct 18th, 2006, 10:21 pm
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Talking coincidence?

Maybe this was his way of giving you professional courtesy ?
You should be able to get out of it - if not, (insert evil laugh here) pay like the rest of us!
You were passing??? You could have come up with something more original than that!...Karma is a biatch! And the law abiding, stay within speed limits for the remainder of the trip comment - yeah right!
Just stay safe!
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post #7 of 43 (permalink) Old Oct 18th, 2006, 10:37 pm
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The facts are in error. You may have to show up in court there and provide proof that you were nowhere near that location on that date. Some parts can be fudged and not allow you an exit (vehicle color, etc) but the date is a fact requiring accuracy.



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post #8 of 43 (permalink) Old Oct 18th, 2006, 10:41 pm
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Quote:
Originally Posted by Gravity
I left on October 4th for Las Vegas on my '04 GT..... I got clocked by a trooper doing 92 in a 60 mph zone. ....

... the ticket and it has the issue date as September 5th. I was at work or in the gym at 6:05 a.m. on that date, not on any bridge with any trooper. The ticket date was in October, so the guy clearly made a clerical error.

How should I approach this? Should I simply show up to court on my assigned date and plead not guilty? Can I be compelled to give the actual date of the citation or would this be incriminating myself?

I'll be consulting a lawyer friend when I get back, just wondered what you guys thought about it.

Thanks,

Gravity
Howdy Gravity,

You need to fight this. That is going to be a whopper of a fine

I'm dreading the time when I get nabbed on Wolfgang in the mid-triple digits cuz the numbers are not in my favor.


First, hire an attorney in the court's jurisdiction. It shouldn't cost much and they'll know the local rules. I'm sure it's worth it because it sure looks like you'll win this one.


OR,


If you want to do it yourself, get "sworn affidavits" from those will confirm where you were on "the date of the ticket".

AND, most importantly, do not answer any questions....meaning "plead the fifth amendment". It is not a joke. Simply swear to tell the truth, state your name and then "plead the fifth". If you joke about it, wink, or whatever, the Judge can use that to determine "the facts" as he sees them.

You want the facts to be the ticket says you were someplace that witnesses say is impossible. Let the cop admit his mistake, try to correct it, whatever. He demonstrated that he is fallible and that should be enough.

.

Bill "Omaha"

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post #9 of 43 (permalink) Old Oct 18th, 2006, 10:58 pm
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Quote:
Originally Posted by Razel
The facts are in error. You may have to show up in court there and provide proof that you were nowhere near that location on that date. Some parts can be fudged and not allow you an exit (vehicle color, etc) but the date is a fact requiring accuracy.
Howdy Ray,

I've been sitting in Traffic Court watching cases ahead of mine where the cop "made a mistake". The Judge asked the defendant a couple of questions like "was it you?" and "did you do it?" where the defendant looked puzzled and kind of mumbled, "yeah". After that "admission, the Judge simply said, "based on the facts, I find you guilty."
.

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post #10 of 43 (permalink) Old Oct 18th, 2006, 11:55 pm
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Question

Gee. I wonder what the right thing to do is? I guess life is about what you can get away with. That's what we learn in today's society. You took a chance. You broke the law. Ethics. Hmmm.... I am no saint, by the way, just had to put my grumble in. If you were the officer and you stopped someone that was not an officer, would you let them off? Be safe, have fun.
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