If my son received a speeding ticket, is it true that if the ticket is written up incorrectly that it is not binding?
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If my son received a speeding ticket, is it true that if the ticket is written up incorrectly that it is not binding?
His ticket was written for speeding but there are a number of issues. He was not the first car, he was the second. Both cars were silver. He had just pulled out of our street and there are only 2 blocks until the speed changes
from 35 to 55. They had a speed trap set up to catch people coming into town, he was going out of town. The officer got him doing 51, which is four miles less than the 55 But it doesn’t say where he clocked him at. Also, when he wrote out the ticket he put that my son had a four door, whereas my son has a 2 door. The car in front of my son was a four door and it pulled off before my son was pulled over down the road. I do have to say that my son is always warning me about my speed and telling me to put my seat belt on, so this is very suspicious to me. Also, the fact that my son is in school and this will up our insurance by giving him 3 points. What can I do? We went out and I tried to get his 14 year old car to get to 55 mph within the block and a half where the cop was sitting and I couldn’t do it. I just barely got to 45 mph. We took pictures from the end of the block where my son pulled out and you can see the top of the hill where thespeed adjusts to 55 mph.
Asked on June 9, 2017 under General Practice, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Errors do not invalidate a ticket unless they show that ticket was issued to the wrong person. So if they have your son's name correct (or mostly correct; misspellings don't matter) and/or the right license plate, then the fact that the officer wrote 4 doors vs. 2 is irrelevant.
The speed limit does not change when you can first see the sign: it changes at the sign. The sign marks the boundary.
Your testimony about how fast the car can go will not be enough: you are not car experts. If you want to try to argue that the car cannot reach that speed, have a mechanic or other car expert examine and test the car *and* appear for trial to testify (you have to present his live testimony; otherwise it is a "hearsay" and not admissible in court). This will not guaranty you a win--the court can still evaluate the reliability, credibility, and relevance of the testimony--but at least with expert testimony, you can make the argument.
It doesn't matter the effect on your son or your insurance, or that there was a speed trap--all that matters is whether your son sped or not.
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