I just got a speeding ticket today, and was wondering if I could get it dismissed.
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I just got a speeding ticket today, and was wondering if I could get it dismissed.
-I was going 78 mph in a 65 mph limit
-This is my first speeding ticket
-I will most likely be taking a defensive driving course
-Officer put incorrect vehicle color on ticket He put green, but its gray
Will this be on my record if I don’t get it dismissed?
I don’t want my insurance rates to go up.
I know a speeding ticket is 4 points, but how can I tell the judge to let it go
for this once?
Asked on May 1, 2017 under General Practice, New Jersey
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Unfortunately, a clerical error such as writing down the wrong color car on a speeding ticket is not grounds for dismissal. That having been said, there are defenses to such a charge. Here is a link to a site that will expain further: https://law.freeadvice.com/general_practice/traffic_law/fighting-speeding-ticket.htm
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Actually, to fully keep it off your record, you want it not just dismissed but expunged. That said, a dismissal is clearly better than an adjudication that you were guilty or a guilty plea.
There is no legal basis for dismissing a ticket--it is up to the discretion of the court and/or judge. If you have an otherwise clean record and state your wilingness to take a defensive driving class, it's possible they will agree to a conditional dismisal--i.e. that once you provide evidence of the class, the case will be dismissed. I have seen NJ courts do this. When you first get to court, speak to the prosecutor about this.
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