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My brother received a "Delaying Traffic" violation ticket on the turnpike. He intended on paying the ticket since it's less than $80 bucks, but he recently noticed an error on the license plate, and he is wondering if he may be able to get it dismissed based on the error.
I am thinking that since it is a moving violation, not a parking ticket, the ticket was given to him, and there are no mistakes on his identity, he may not be able to get it dismissed. At the same time, if he was supposedly driving a CAR that's not his and may not have been on the Turnpike at the time and location of the violation, he may be able to dismiss it.
He made a not so smart move by calling the court and letting them know they made a mistake on the license plate, which they corrected on the system. However, the printed ticket itself is wrong.
Any thoughts on this? I am not really asking for legal advice, though it is welcomed. I am just interested in your experiences.
IF the ticket is for obstructing traffic,it's no sweat, no points, just pay it and done. Not paying it gets you in deeper and costs more.
Post the 39 number or whatever it's written up as.
"You cannot contest a ticket due to a clerical error on the officer’s part. Judges consider incorrect dates and misspellings on traffic tickets to be mistakes and won’t allow typos as a defense."
"You cannot contest a ticket due to a clerical error on the officer’s part. Judges consider incorrect dates and misspellings on traffic tickets to be mistakes and won’t allow typos as a defense."
Interesting!
Additionally, I would love to know exactly what the OP's brother was doing on the NJ Turnpike in order to "delay traffic".
Is he one of those people who believes--erroneously--that it is just fine and dandy to occupy the left lane while driving at 55 mph?
Interesting!
Additionally, I would love to know exactly what the OP's brother was doing on the NJ Turnpike in order to "delay traffic".
Is he one of those people who believes--erroneously--that it is just fine and dandy to occupy the left lane while driving at 55 mph?
Or a street racer that blocks traffic while others race?
From what I understand, "delaying traffic" violation is typically given to follks as a slap on the wrist for a more serious citation (ie. You're doing 50 on a 35 but the cop lets you off the hook with a delaying traffic ticket which is just a fine with no points).
From what I understand, "delaying traffic" violation is typically given to follks as a slap on the wrist for a more serious citation (ie. You're doing 50 on a 35 but the cop lets you off the hook with a delaying traffic ticket which is just a fine with no points).
I believe that you are correct.
So, after getting a break from that cop, now the OP's brother wants to be able to skate on the lesser offense, which doesn't even carry any points.
Whatever happened to assuming responsibility for one's actions?
From what I understand, "delaying traffic" violation is typically given to follks as a slap on the wrist for a more serious citation (ie. You're doing 50 on a 35 but the cop lets you off the hook with a delaying traffic ticket which is just a fine with no points).
That's my understanding too,,,I haven't had any tickets in a few years but,,,IF I got one and they either offered that no point low fine deal or offered to change anything to that,,,I'd be smiling and not trying to chisel out of a free skating session
From what I understand, "delaying traffic" violation is typically given to follks as a slap on the wrist for a more serious citation (ie. You're doing 50 on a 35 but the cop lets you off the hook with a delaying traffic ticket which is just a fine with no points).
There's definitely no point off his license for this ticket, though it would affect his insurance I think. I believe he was going within the 10 miles range over the speed limit, and instead of getting a speeding ticket, he received a "delaying traffic" summon. His intention was/is to pay it, but if there is a possibility of getting it dismissed, why not go for it especially if it will in fact affect his insurance?
Quote:
Originally Posted by Ivan Putski
Per DMV.org:
"You cannot contest a ticket due to a clerical error on the officer’s part. Judges consider incorrect dates and misspellings on traffic tickets to be mistakes and won’t allow typos as a defense."
Clients frequently ask me about mistakes that the officer made when filling out the traffic ticket the received. Under some circumstances, those mistakes may become a defense to the underlying charge. However, those mistakes, especially if they are considered technical deficiencies, will not be fatal to the State’s case.
For example, if the defendant’s date of birth is incorrect or the name of the defendant is spelled incorrectly, those are most likely correctable errors and the court will allow the state to amend the ticket under most circumstances.
In other instances, the errors will be harder to correct. Specifically, errors that call into question the identity of the defendant, the time and date of the offense, or the nature of the violation, spell big problems for the prosecutor. For example, an incorrect car color, offense date, license plate, etc., may provide a defense lawyer with a strong defense to the underlying charge.
He is running out of time, and I think he is going to pay it. But it appears that he missed an opportunity to getting it dismissed.
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