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Old 05-12-2008, 10:25 AM   #1
Jim .E.
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Question about ticket.



So the cop wrote the year of the vehicle instead of the plate expiry. Is it going to get thrown out?

And if not then I guess the other 2 will since he wrote the plate expiry and not the year of the vehicle.

In summary 3 tickets in 2 days.

In the Accord:
- improper muffler
- unnecessary noise
year/make he wrote 08 Honda Accord (which makes sense my plate expiry is 08)

In the Acura TL:
- 140 in a 100 zone reduced to 129 in a 100 zone
year/make he wrote 04 Acura TL (which doesnt make sense my plate expiry is 09)
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Old 05-12-2008, 10:46 AM   #2
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Neither will get tossed for improper year, but do fight them.
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Old 05-12-2008, 11:00 AM   #3
Paul540/m3
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Whats the fine/charge for improper muffler and unnecessary noise?
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Old 05-12-2008, 11:07 AM   #4
SeRb
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Whats the fine/charge for improper muffler and unnecessary noise?

if im not mistaken its just a cash fine $110 a pop

those 2 tickets should be easy to fight, as far as the speeding ticket goes it'll be a bit harder but hopefully you can get it thrown out
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Old 05-13-2008, 01:46 AM   #5
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Hey since we're on the topic of tickets, here's my problem. I received a speeding ticket (83 in a 60) on the 29th of April. However, the cop wrote the date of the ticket as the 26th of May. Would this ticket be thrown out?
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Old 05-13-2008, 01:50 AM   #6
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Hey since we're on the topic of tickets, here's my problem. I received a speeding ticket (83 in a 60) on the 29th of April. However, the cop wrote the date of the ticket as the 26th of May. Would this ticket be thrown out?
No. If it was a date in the PAST and you could prove you were somewhere else on that day/time then yes, worked for me once.
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Old 05-13-2008, 07:02 AM   #7
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No. If it was a date in the PAST and you could prove you were somewhere else on that day/time then yes, worked for me once.
Actually, he may be able to get it knocked off... Take it to court, get a trial date. When it comes time to fight it, make note of the date being 2 weeks after it was even entered in the system to be sent to trial. This should be suffiicient to prove to the court that the officer was not in a proper state of mind. If his evidence is shown to be incorrect, his case fails.
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Old 05-13-2008, 09:18 AM   #8
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on may 26th you should do something for the whole day, and have receipts that prove you bought something / were at some certain place at a certain time in case they dont throw it out at first...

that's what i would do anyway

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No. If it was a date in the PAST and you could prove you were somewhere else on that day/time then yes, worked for me once.
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Old 05-13-2008, 10:56 AM   #9
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On the day the ticket was issued, I went to the police station to ask if the issuing officer was on duty that day and if he was operating a radar gun. The receptionist (another cop) says she knew him and was pretty sure he wasn't working on the 26th, not on radar at least. So if the prosecutor doesn't want to quash the ticket when I get a date to see him, then I will pull the officers working record.
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Old 05-13-2008, 10:58 AM   #10
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Actually, he may be able to get it knocked off... Take it to court, get a trial date. When it comes time to fight it, make note of the date being 2 weeks after it was even entered in the system to be sent to trial. This should be suffiicient to prove to the court that the officer was not in a proper state of mind. If his evidence is shown to be incorrect, his case fails.
I gotta drop by the court tomorrow to see if the ticket was even put into the system. a police office has 7 business days to submit his copy of the ticket. Now because the ticket had an earlier date on there (26th instead of 29th) it could be that he submitted the ticket late. I have yet to receive my notice to meet with a prosecutor or my trial date and I filed the day after the ticket was received.
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Old 05-14-2008, 01:16 AM   #11
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Ahh to me it looks as he got ya on late end of month ticket chase. Sorry to hear
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Old 05-14-2008, 01:35 AM   #12
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Unfortunately, yes ... it is still legit.

http://www.pointts.com/checkscore.html
"2. There are only a few areas on a traffic ticket where a mistake will result in the case being dismissed or quashed and a misspelled name or wrong plate number are not any of them."


http://www.ontariospeeding.com/Abou...dingticket.html
"Any speeding ticket issued by a Police Officer has to be properly written.

The legal term is that the speeding ticket has to be “proper on its face” meaning no “fatal errors”. Proper on its face means that the traffic ticket is correctly written by the officer, without any fatal errors that are not fixable or excusable by the courts.

Minor mistakes can be corrected on speeding ticket at court by the prosecution, or prosecutor, but fatal errors cannot. For example, there maybe a mistake in the spelling of your name or the year of the car. Minor errors on speeding tickets can be corrected on the trial date by the Justice of the Peace, or prosecutor and is not a fatal error.

Fatal errors are mistakes that will get the speeding ticket cancelled because they are not fixable by the prosecution.

A mistake like the officer not putting his name on the traffic ticket is considered a “Fatal Error” and upon application by the defendant or his agent the Justice of the Peace may “quash” or cancel the ticket."

^Compiled by Alex520 (TuningEmotion.com)
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Last edited by Mikeee46coup; 05-14-2008 at 01:38 AM.
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Old 05-14-2008, 02:20 AM   #13
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That's funny cause I just had a cop tell me that it would get thrown out. All I have to do is prove that I was in another place, in this case I was with my gf all day at my house preparing for our easter. An incorrect date seems like a pretty big error. It's not like they mis-spelled my name or wrote the wrong car make, the cop wrote a completely different day.
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Old 05-14-2008, 02:29 AM   #14
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That's funny cause I just had a cop tell me that it would get thrown out. All I have to do is prove that I was in another place, in this case I was with my gf all day at my house preparing for our easter. An incorrect date seems like a pretty big error. It's not like they mis-spelled my name or wrote the wrong car make, the cop wrote a completely different day.
^My post was intended for Original Poster; Jim.E, the errors he listed all fall into the "non-fatal" category.
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Last edited by Mikeee46coup; 05-14-2008 at 02:38 AM. Reason: Can't spell@2:30am
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Old 05-14-2008, 06:30 PM   #15
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^^^^Oh true, my bad.
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