[Guest (MBNZ)]

I'm wondering if there are any legal professionals out there that might be able to give a quick insight to this. When writing the ticket the officer mistakenly placed the wrong state designation in the vehicle description area of the ticket. If I remember right this should consitute the ticket being dropped, but not sure of the correct terminology to effect it. <br><br>
Any assistance would be apprecieated!<br><br>
<br><br>

 

[Guest (MBNZ)]

I don't think that will get you out of the ticket. I'm not a lawyer, but have been to many traffic courts (6-7 counties in VA, Balt., Phila,). That type of error does not infringe on your constitutional rights in any way and would not be grounds to dismiss the charge. I'm sure some of the lawyers who frequent this site could tell you what it is. When I lived in Phila and had no $$, I had to defend myself in traffic court and common pleas court for 27 parking tickets. I read Pa.Rules Crim.Proc, the Motor Vehicle Code and Judiciary and Judicial Procedure. A technical mistake like that was not grounds for dismissal unless you could show that there was a pattern of ignoring the law in making those errors. You can't do that with a single offense. The best way to get out of speeding tickets that I have found is to be polite with the officer and pay an attorney. They always get the charge changed to one that has no points, but the state still gets fine money. Everybody goes home with some money except you, but you get no points. <br> Good luck

 

[Guest (MBNZ)]

You could try this ...

<br> ... call the Court and find out the procedure for filing a 'discovery motion'. <br> <br> A 'discovery motion' is a request to the Court to produce evidence. The evidence you want to produce is the following:<br> <br> 1. the officer's certificate of training for that particular radar/laser unit (whichever one he clocked you with); <br> <br> 2. the calibration schedule for that specific radar/laser unit used to clock you;<br> <br> 3. the 'tuning-fork' calibration schedule for that specific radar/laser unit (the tuning fork is used to tune the radar/laser unit);<br> <br> If the Court cannot produce any of the above documents, or produces the above documents and the any hardware failed or the dates of the tests are old (check your local statutes ... some require calibration testing WEEKLY!), then the Court will have to dismiss your charges. <br> <br> Another trick I've heard of is to keep postponing the traffic court date. As always, if the officer who wrote you the ticket fails to appear at your hearing, the Court must dismiss your charges. So, if you keep postponing, you may get the officer frustrated enough NOT to appear or forget to appear after the 'fifth' postponment. (some states have the district attorney's office appear for the officer ... since they have nothing else to do ... they'll always be there). <br> <br> Regardless, find a good traffic attorney in your area before you do anything.<br> <br> Good luck, <br> <br> Drew.