Do I have legal grounds to dispute a speeding ticket if the officer put down the wrong number?

UPDATED: Oct 1, 2022

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Do I have legal grounds to dispute a speeding ticket if the officer put down the wrong number?

I was pulled over and was told I was going 82 mph initially but the officer came back a moment later and said he gave me the citation for going 79 in the 60 mph zone. I could qualify for defensive driving and possibly keep my record clean. I have a CDL and don’t qualify for any of that in the state. I requested the dash cam and it has the whole conversation recorded. Will the argument that he wrote down the wrong mph on the ticket hold up in court?

Asked on August 21, 2018 under General Practice, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, it will not, because a case can only be dismissed for an error that is "prejudicial," or harmful, to the defendant. Recording your speed as 3 miles per hour low (79 instead of 82) either has no effect (if in your state, 19 and 22 miles per hour over the speed limit are treated the same) or is beneficial to you (if the lower speed on the ticket puts in you a category for a lesser penalty). Since there is no harm or prejudice to you, this is not grounds for dismissal.

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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