Can I fight a ticket with the wrong information on it?

UPDATED: Apr 13, 2016

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Can I fight a ticket with the wrong information on it?

It had the wrong D.L. number misspelling of name and incorrect license plate number. What

should I do?

Asked on April 13, 2016 under General Practice, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can try to fight on that basis, by claiming that this was not you--that the officer somehow gave you the wrong ticket (someone else's ticket). And this may work, if the prosecutor does not want to call in the officer to testify that these were only typos (typographic errors do *not* automatically invalidate a ticket, if they can otherwise, such as by officer testimony, establish that you were the person ticketed) or if the officer cannot recall (or convince the court he/she recalls) who was pulled over. But if the prosecutor is willing to bring in the officer and officer can credibly explain/testify that you were the person ticketed, but he or she simply took down some information wrong, then these errors will not result in the ticket being dismissed.
As a practical matter, if the offense was small (e.g. speeding, by not too much; trying to go through a yellow light, but it turned red before you go there) they are more likely to let it drop and dismiss it. But the more serious and memorable the offense (going way too fast; driving recklessly; drivng DUI; etc.), the more likely they are to proceed with the case and have the officer recall you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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