Can a officer change the time on a ticket?
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Can a officer change the time on a ticket?
I was driving on the hov lane the other day at 11:2 0am. I was heading to work 12 pm-9 pm is my shift I was going traffic flow which might be considered over speed limit. I drive a sports car and that could be the main reason why i got pulled over out of everyone else, however when I pulled over the officer didn’t gave me a ticket for speeding. He gave me a ticket for
Asked on May 15, 2018 under General Practice, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
1) No, it is not legal: an officer cannot lie about the basis for a ticket (about the facts underlying it). Sometimes, a given traffic offense could be the basis for more than one infraction, and when that is the case, the officer can legitimatey choose among the several options--but the key is, whatever ticket you receive must be supported by the facts.
2) Regardless of legality, winning if you contest it depends on whether you can convince the court you are telling the the truth or not (and therefore also that the officer is lying). You can request "discovery" or information and documentation from the prosecutor and police, including dash cam videos, if you believe they will support your case. You can also present witnesses in your defense, such as anyone else who can corroborate when you were driving; or you can present other evidence showing when you were driving (e.g. if you have any toll receipts showing when you were on the road). The officer does have an inherent advantage: all things being equal, the court will believe the sworn, trained, and neutral police officer (no personal stake in the outcome) over the driver trying to avoid a ticket.
3) Should you fight it? You don't mention how fast you were going. Compare the penalties, in points and fines, for the HOV violation vs. what you could get for the speed you were going--depending on how fast you were going, the officer may have done you a favor by writing you an HOV ticket.
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