Legal/moral dilemma

[Bubba]

Any lawyers out there?

I know this guy who got a speeding ticket, but the officer put the wrong driver license number on the citation. It was off by 1 number. If he goes to court, will that make this ticket invalid, or will the judge laugh and make him pay the fine anyway?

And, is this guy bending his morals by even considering such an approach. He was speeding and he knows he was wrong. Lots of criminals get off on technicalities...

 

[UmphreakDomer]

Any lawyers out there?

I know this guy who got a speeding ticket, but the officer put the wrong driver license number on the citation. It was off by 1 number. If he goes to court, will that make this ticket invalid, or will the judge laugh and make him pay the fine anyway?

And, is this guy bending his morals by even considering such an approach. He was speeding and he knows he was wrong. Lots of criminals get off on technicalities...

i believe i once tried to fight a ticket this way. my address was written down incorrectly, if im not mistaken. i went to court argued that this couldnt be me as i do not live at that address. the judge said, "come on, really?" and then something about this isnt going to go well if you try that again.

but, i did successfully argue my way out of an MIP once. that was a triumphant moment indeed.

 

[Opus]

Any lawyers out there?

I know this guy who got a speeding ticket, but the officer put the wrong driver license number on the citation. It was off by 1 number. If he goes to court, will that make this ticket invalid, or will the judge laugh and make him pay the fine anyway?

And, is this guy bending his morals by even considering such an approach. He was speeding and he knows he was wrong. Lots of criminals get off on technicalities...

I imagine that traffic laws vary in each state as does their interpretation. Hopefully he won't have a judge like I had years ago when I tried to fight a ticket. I pointed out that the Officer had written the wrong charge on the ticket, I mean it wasn't even close to what I was accused of doing. The judge told me "It doesn't matter I'm sure it's in there somewhere (meaning the code book)" and found me guilty.

I doubt that minor mistakes like the one you describe will have any effect on the validity of the ticket but you never know.

 

[Whiskeyjack]

I know this guy who got a speeding ticket, but the officer put the wrong driver license number on the citation. It was off by 1 number. If he goes to court, will that make this ticket invalid, or will the judge laugh and make him pay the fine anyway?

Will likely depend on the particular judge he appears before. I wouldn't count on the citation being thrown out based on such a minor error.

And, is this guy bending his morals by even considering such an approach. He was speeding and he knows he was wrong. Lots of criminals get off on technicalities...

That's entirely dependent on "your friend's" sense of morality. For instance, one could easily justify weaseling out of a ticket for exceeding the limit by 10 mph on the freeway, but blowing through a school zone at 50 mph + might be a different matter.

 

[Bubba]

Thanks for the input.

 

[GoIrish41]

I say it's worth a shot. Who knows. He might get lucky.

I don't think a speeding ticket is a moral issue.

 

[Bubba]

Thanks Whiskey. "My friend" was in a 35 zone but strongly believes it should be a 45. But "he" was doing 55 anyway!

 

[Whiskeyjack]

Thanks Whiskey. "My friend" was in a 35 zone but strongly believes it should be a 45. But "he" was doing 55 anyway!

Oy. 20 mph over limit is criminal speeding in Arizona. Doing more than 5 over the limit on surface streets is always risky; you don't get nearly as much leeway as on a freeway.

 

[Freeman Ara]

So just out if curiosity I Googled arguing tickets in court because of officer errors. Just from the one website I read small clerical errors will not matter and won't invalidate the ticket. But doing 20 over it may be worth a try anyway.

 

[Bubba]

Oy. 20 mph over limit is criminal speeding in Arizona. Doing more than 5 over the limit on surface streets is always risky; you don't get nearly as much leeway as on a freeway.

Actually, the officer told him that 21 over is criminal. The ticket was issued as civil. And I'm (I mean he) is in AZ.

 

[ACamp1900]

I have a buddy who is a Sheriff and from what she tells me if the person has the nerve to take it to the judge and has ANY kind of reasonable sounding story the judge sides with them...

idk if that's just her experience/ our area/ or general rule.

 

[Rhode Irish]

There is no ethical dilemma when it comes to speeding tickets. If you can not pay it, don't. However, I don't think there is much of a question about whether the ticket is valid. Can't hurt to mention it and see what they say, but I wouldn't press the issue.

By the way, this isn't legal advice. I know next to nothing about traffic laws. Just my personal opinion.

 

[Irish Insanity]

I live in Michigan, and most of the time if you take a civil infraction to court they will make a deal. The officer has to show or its thrown out. If the officer shows, usually he will ask for a meeting prior to getting in front of the judge and ask what your looking for. If you offer to pay the fine or a smaller fine and ask the points be dropped, its almost always done.

 

[irishff1014]

In MD if you take it to court you also have to pay a 35 or 40 dollar court fee. So if he is tight on money he might not want to go that route. Or go to court say judge i was wrong i will pay the fine i just don't need the points. A lot of the time from stories i hear the judge will help you out in that case.

 

[Irish8248]

Argue it in a polite and reasonable manner. You may want to bring it up to the prosecuting attorney (some jurisdictions its the DA, others its a judge), but you're argument is that if they made an error this simple and certain, then it calls into question the ability to accurately clock your speed

No ethical dilemma though. There is actually certain things you can say that will get you off

.... The officer had to sign the radar card before your ticket attesting he was trained, certified, and capable to calibrate the gun... The gun itself has to be recently calibrated. They also aren't 100% accurate any slight malfunction will lead to drastic miscalculations

Just fyi, by saying all that you are setting yourself up to have a trial at a later date if the da calls your bluff, but if they don't, then they know you know the secrets and cannot prosecute you

 

[Cackalacky]

Thanks Whiskey. "My friend" was in a 35 zone but strongly believes it should be a 45. But "he" was doing 55 anyway!

As one knowledgeable about roads, their construction, and the reasons for speed limits, there are very valid and scientific reasons why an area is zoned at a specific speed limit, as well as standards developed by people who know a hell of a lot more than the general public. It could be a neighborhood where pedestrians are on the roads, it could be the turning radius of a curve or that a road is curvey over a long section of road and therefore susceptible to blind spots, it could be hilly and your limit of visibility is small, it could be the general volume of traffic per day,.... etc..... Whether he feels it should be one thing does not really matter as the reason "why" it is the speed limit is typically backed up by science, and engineering principals based on the the welfare of the people using the road in that area.

Pay the ticket and don't speed.

I think this is one of my favorite charts ever. Prior to highway regulations and laws ( ie speed limits, safety structures etc... the highway deathtoll was tremendous.... VMT = vehicle miles travelled

 

[NDBoiler]

My parents gave me a copy of their wills today. Thankfully they are both in good health and the use of the wills doesn't even cross my mind. They did tell me that I am the executor though. So my question for the lawyers out here is, should I read the will now so I am prepared for the future, or should I just keep it locked up in the safe? Are there any legal implications either way? Feel free to PM me if you'd like.

 

[BGIF]

Thanks Whiskey. "My friend" was in a 35 zone but strongly believes it should be a 45. But "he" was doing 55 anyway!

By all means he should strenuously object in support of his unqualified belief.

I strenuously object!

After all it worked so well for Lt Cmdr Galloway, didn't it?

 

[wizards8507]

My parents gave me a copy of their wills today. Thankfully they are both in good health and the use of the wills doesn't even cross my mind. They did tell me that I am the executor though. So my question for the lawyers out here is, should I read the will now so I am prepared for the future, or should I just keep it locked up in the safe? Are there any legal implications either way? Feel free to PM me if you'd like.

Not legal advice, but for the sake of family chemistry after their passing, THEY should host a reading of the will with all concerned parties while they're still alive. That way there are no surprises that create bad blood after the fact.

 

[ulukinatme]

I live in Michigan, and most of the time if you take a civil infraction to court they will make a deal. The officer has to show or its thrown out. If the officer shows, usually he will ask for a meeting prior to getting in front of the judge and ask what your looking for. If you offer to pay the fine or a smaller fine and ask the points be dropped, its almost always done.

That happened to me about 10 years ago. I was in college, was installing an after market stereo in my Chrysler and it somehow shorted out my digital dash, so no speedometer. Couldn't fix it that day as I had to go to class, and despite moving with traffic I got pulled over for 12 over. To top it all off, I was a bonehead and thought my license expired at the end of the month, and instead it's on your birthday in Ohio, so my license was expired by a week. The icing on the cake? Took my seatbelt off while the cop was on the way up to the car, that way I could get to my wallet. It was the trifecta of dumb moves.

I wasn't planning on fighting it, but I thought I could throw myself on the mercy of the judge if I provided a receipt from the shop showing my digital dash was out at the time of the ticket. I also got my license issue rectified, and I brought a list of people who verify I always wear my seatbelt. Turns out I didn't need any of that. The prosecutor took me aside just before the hearing and we did a plea bargain. He reduced the speeding to under 10 which left me with no points on the license. He reduced the expired license to missing license, which was a much smaller fine I think, and he threw out the seatbelt charge. I took the deal and paid the cash.

Worth a shot, OP. Maybe your friend can work a similar deal with the prosecutor.

 

[NDBoiler]

That happened to me about 10 years ago. I was in college, was installing an after market stereo in my Chrysler and it somehow shorted out my digital dash, so no speedometer. Couldn't fix it that day as I had to go to class, and despite moving with traffic I got pulled over for 12 over. To top it all off, I was a bonehead and thought my license expired at the end of the month, and instead it's on your birthday in Ohio, so my license was expired by a week. The icing on the cake? Took my seatbelt off while the cop was on the way up to the car, that way I could get to my wallet. It was the trifecta of dumb moves.

I wasn't planning on fighting it, but I thought I could throw myself on the mercy of the judge if I provided a receipt from the shop showing my digital dash was out at the time of the ticket. I also got my license issue rectified, and I brought a list of people who verify I always wear my seatbelt. Turns out I didn't need any of that. The prosecutor took me aside just before the hearing and we did a plea bargain. He reduced the speeding to under 10 which left me with no points on the license. He reduced the expired license to missing license, which was a much smaller fine I think, and he threw out the seatbelt charge. I took the deal and paid the cash.

Worth a shot, OP. Maybe your friend can work a similar deal with the prosecutor.

That OP was 3+ years ago lol. I'd like to think it's been resolved by now

 

[NDRock]

That OP was 3+ years ago lol. I'd like to think it's been resolved by now

Who knows, our justice system can move extremely slow.

 

[ulukinatme]

That OP was 3+ years ago lol. I'd like to think it's been resolved by now

Tar and feather the one that bumped the thread!