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YES! I won for that exact reason. Mine wasn't so far apart in distance. My ticket was written as 1 mile east of a certain intersection. But I actually was only a couple hundred yards from the intersection. The speed limit 1 mile away was 55 and 35 where I actually was. The ticket was for 44 in a 35. So I went to court, asked the officer to read where the offense had taken place. He tried to just tell the judge. I interrupted and asked him to read it off the ticket. He again tried to explain where I was. Again I asked him what exactly the ticket said. He finally read it. "1 mile from blah blah." I then asked him what the speed limit was 1 mile from blah blah. He said 55. The judge said "You wrote him a ticket for going 44 in a 55?" Case Dismissed!
Clerical errors on tickets generally don't invalidate the offense except in cases where the presiding judge has an axe to grind with the officer who issued the ticket. You could contest it, but if you lose you'll likely be on the hook for additional court costs. Unless the infraction jeopardizes your license I'd just pay it.
Saying the offense occurred a full 40 miles from where she was pulled over isn't just a clerical error, it's an error of material fact to the case and pretty clear grounds for dismissal. If the officer can't even get the basic facts straight, what other part of the allegation is incorrect? Now the issue is proving the discrepancy to the court's satisfaction.
Contest on technicalities, not the infraction. Once the hearing date is set, delay it once for cause. Very tight schedules, and the writing officer possibly may not be able to make it to the pushed off hearing date, if lucky will be in your favor. Ask for a calibration record to ensure the gun was to code. If the officer was "hiding", point that out. Then mention all irregularities with the ticket as written versus your description of the incident. Worked for me, on 495 in Wareham.
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
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Going back to the late 70s, somit may be different now, I had a similar situation. The speeding ticket was given to ma on the way to graduate school at 7:30am, but was written as 6:30am. I had a witness that testified that I was 50 miles away at 6:20, but lost. The judge determined that the cop made an error on the time, but I was nonetheless guilty of speeding when he stopped me. Good luck, I hope you can beat it, but I doubt it.
Contest it, if the officer doesn't show up you win, if he does show up then show the discrepancies, you should win. Otherwise prepare to pay higher insurance and points on your driving record.
I've never had my insurance change from a speeding ticket. I've had 4 I believe. I also pay bills late and have great credit. Just a couple things I was made to fear growing up. Lol
wrong, the ticket is expunged after five years in most jurisdictions. try again.
NOT.
Obviously each state may have different "rules".
But if anyone thinks that any ticket disappears in 3 years is dreaming.
In my state the police cannot use any speeding ticket over one year old against you in court.
ONE YEAR.
Is it "expunged" ?
I took one speeding ticket to court in this "one year" state.
The judge asked the trooper if I had any previous speeding tickets.
The state trooper responded (and read troopers response carefully)
Judge to trooper:
"Does the defendant have any prior speeding tickets?"
Trooper:
"No, your honor. But he did have one in 1973."
Dream on about "expunged".
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