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Old 05-25-2012, 05:01 PM
 
Location: Chapel Hill, NC, formerly DC and Phila
8,547 posts, read 12,599,040 times
Reputation: 8305

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Quote:
Originally Posted by Bigfoot424 View Post
Court reporters are typically only in courts of records which don't include traffic courts for any state I'm familiar with. They use them in NY and PA? In VA the court of record is Circuit Court where appeals from traffic and misd courts are heard as well as felonies and larger civil cases.
No, he didn't work in traffic court. He worked in district court in NY and in PA it was three different county or city courthouses including Philadelphia. He said cases got thrown out all the time for wrong dates or other technical wrong info.

He didn't think the Ford Explorer vs. Expedition was different enough though. He said if the officer wrote a Chevy instead of a Ford, you might have a better case, but that the model difference might not do it. That's just his opinion, you could always try.
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Old 05-25-2012, 06:13 PM
 
Location: Virginia-Shenandoah Valley
6,550 posts, read 10,823,615 times
Reputation: 5545
The OP never said which court anyway so I really have no idea. I can only base it on my court experience with PWC and a few others. It certainly won't cost the OP to try but I don't see it making a difference.
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Old 05-26-2012, 04:19 AM
 
Location: Centreville, VA
154 posts, read 328,424 times
Reputation: 119
Quote:
Originally Posted by Bigfoot424 View Post
I've never seen a judge dismiss a ticket based on a simple mistake like this.
Over 20 years ago when I was in college and had a lot of time on my hands (and no money) I took a traffic citation for running a red light to court. The officer made 2 errors on the ticket (incorrect street name where I was stopped and incorrect direction I was traveling). The judge dismissed the ticket.

Of course, I didn't think I ran the red light - if I knew I was guilty I probably would not have fought the ticket.
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Old 05-26-2012, 08:13 AM
 
314 posts, read 341,412 times
Reputation: 139
Quote:
Originally Posted by TJM9641 View Post
To this offense I plead guilty. But, there is a mistake on the summons that I think is relevant - the summons states that I was driving a Ford Explorer but the vehicle actually is a Ford Expedition. While they appear to be similar, I have never owned an Explorer. The summons has all the other information correct - year, make, license plate but not the type. Does pertinent information such as this on a summons need to be perfect? Any idea what a judge will do if I tell him this?
If it's in Arlington, You can have your car inspected and bring the paper to the court house before the court date. They will dismiss it.
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Old 05-26-2012, 10:05 AM
 
493 posts, read 1,006,617 times
Reputation: 289
I'd guess that the officer asked for your registration. Is there a chance that your registration has the wrong model info on it?
I have no evidence or experience to back this up, but i'm thinking that Virginia municipalities are still trying to make up for lost revenue because of the economy, enough so that the judge will see the year-make-license plate as enough proof to not toss the summons. Summons fines quickly add up for govt coffers!

But I'd follow Cognac's advice -- get the car inspected now and bring the paper to court. That plus the model mixup may land you a slide on the fine, perhaps regardless of where you live. (I like Arlington's stance!)
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Old 05-26-2012, 05:12 PM
 
Location: Virginia-Shenandoah Valley
6,550 posts, read 10,823,615 times
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Quote:
Originally Posted by finecognac View Post
If it's in Arlington, You can have your car inspected and bring the paper to the court house before the court date. They will dismiss it.

Are you positive about this? There is a CWL (complied with law) in VA for certain charges but the inspection is not one of them. Not saying Arlington doesn't do this but it's not a CWL charge. No OL or Registration in Possession are examples of this.
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Old 05-26-2012, 05:20 PM
 
48,516 posts, read 83,581,959 times
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Quote:
Originally Posted by michgc View Post
No, he didn't work in traffic court. He worked in district court in NY and in PA it was three different county or city courthouses including Philadelphia. He said cases got thrown out all the time for wrong dates or other technical wrong info.

He didn't think the Ford Explorer vs. Expedition was different enough though. He said if the officer wrote a Chevy instead of a Ford, you might have a better case, but that the model difference might not do it. That's just his opinion, you could always try.
Since in court its testimony the officer would be able to correct the error. Some put to much on technicalities from watchig too much TV. Its really the license and VIN that is the real matter in identifying the vehilce involved.
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Old 05-29-2012, 11:57 AM
 
314 posts, read 341,412 times
Reputation: 139
Quote:
Originally Posted by Bigfoot424 View Post
Are you positive about this? There is a CWL (complied with law) in VA for certain charges but the inspection is not one of them. Not saying Arlington doesn't do this but it's not a CWL charge. No OL or Registration in Possession are examples of this.
Yes I am positive about this. I got a ticket for this and had this dismissed. Just get the car inspected. Bring it to the court house after 12PM (less crowded) bring it to the fifth floor, the clerk will make a copy of it, show it to the prosecutor and they will dismiss it right there an dthen. In fact, I was told that 's how it works by the police officer who gave me the ticket in the first place.
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Old 05-29-2012, 12:22 PM
 
2,185 posts, read 2,639,819 times
Reputation: 1616
Quote:
Originally Posted by finecognac View Post
Yes I am positive about this. I got a ticket for this and had this dismissed. Just get the car inspected. Bring it to the court house after 12PM (less crowded) bring it to the fifth floor, the clerk will make a copy of it, show it to the prosecutor and they will dismiss it right there an dthen. In fact, I was told that 's how it works by the police officer who gave me the ticket in the first place.
I had same experience many years ago in Fairfax County. Officer who wrote me the ticket told me that if I got the sticker updated and went to court and showed proof they would dismiss it. I did and it was. So I would definitely go to court and give it a shot.
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Old 05-29-2012, 03:16 PM
 
Location: Virginia-Shenandoah Valley
6,550 posts, read 10,823,615 times
Reputation: 5545
Quote:
Originally Posted by finecognac View Post
Yes I am positive about this. I got a ticket for this and had this dismissed. Just get the car inspected. Bring it to the court house after 12PM (less crowded) bring it to the fifth floor, the clerk will make a copy of it, show it to the prosecutor and they will dismiss it right there an dthen. In fact, I was told that 's how it works by the police officer who gave me the ticket in the first place.

It's a non moving violation but if going to the court is doable it would be worth it then. This is not a CWL ticket in PWC.
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