Tuesday, September 22, 2020

Trooper Clocked a Different Car than Defendant's, Officer Error

 

https://www.avvo.com/legal-answers/authorized/can-a-citation-be-dropped-if-it-has-wrong-informat-4988425.html?answered=true

 

Can a citation be dropped if it has wrong information listed?                  I was pulled over for supposedly doing 96 in a 70. I was not but refused to argue with the officer, I took my ticket and said I will just appear in court. Once I was home looking over the ticket I found it wasn’t my car listed, different year, make and model. A completely different car, same color. (Grey) Can I fight this? I honestly believe he clocked a different car. I was not completely aware of my speed but for sure I wasn’t doing 96mph. I had just missed hitting something in the road which made me slow down to miss the object.

 

Answer by Atty. Jay K. Nixon, Licensed for 40 years, Avvo Rating:10, with offices in both Janesville & Kenosha, WI

Any ticket is worth contesting, just to let your attorney try to get you a better deal with less impact on your insurance and points, but this one, even more so.  On a busy interstate with traffic flowing at 80 mph for more, picking one grey car from a pack of grey cars might be difficult, as this mistake demonstrates.   That being said, I would still recommend having counsel handle this, since you have probably already harmed some of your own interests with this posting,  and will probably continue to degrade your own case through amateur mistakes if you proceed pro se.   While the government should really dismiss this, they certainly still have a viable option to still pursue it, but probably under theories of guilt other than the radar reading (such as via your own admissions, odometer pace, etc.).   I have actually seen very comparable prosecution moves in past, that were still followed by convictions.

No comments: