Ok, so I just got pulled over for speeding, I was doing 82 in a 45, but he wrote down 82 in a 55. So would the 82 in a 55 stand up in court? I'm 19 years old. I got my first ticket 6 months ago. This is my second violation. What

Comments

Comments

• He wrote down 82. The cop's error was saying the posted limit was 45 when it was actually 55. And FYI: you don't need an attorney to fight the ticket.

  • Report
  

  by Anonymous on February 2nd, 2008

• Been there, fought one. I am aware that it was for the zone. I still think the officer did it to give him a break. If he went to fight the ticket he might get it reduced but from my visit to the magistates office they are not willing to reduce fines fro non expressway tickets. But on the other hand, it's free to try.

  • Report
  

  by csimme01 and Ninja Cooper UNMASKED on February 2nd, 2008

• Actually, many states make it expensive. They do this by allowing you to go to traffic school to remove the points. However, if you fight the ticket, many states don't let you go to traffic school if you lose. Thus, if you have the option of traffic school, you really have to weigh your chances of winning. If not, then you might as well fight it.

  • Report
  

  by Anonymous on February 2nd, 2008

• My understanding from the question was that it was a 45 zone and the cop wrote 55 instead. What this does is lower the fine, as some states charge amounts for EVERY mile OVER the limit. He gave the kid a break, overlooking an additional 10 mph speed.

  • Report
  

  by 40ishVoiceofReason on August 24th, 2008

• I highly doubt a cop would give a break by putting down the wrong speed limit. This would make it easier to fight the ticket (and make the cop look bad). It was probably just a typo.

  • Report
  

  by Anonymous on August 24th, 2008

• CJMazda stated, "I was doing 82 in a 45, but he wrote down 82 in a 55."
  .
  You stated, "The cop's error was saying the posted limit was 45 when it was actually 55."
  .
  Do you have information regarding that other than what the questioner posted?
  .
  "I highly doubt a cop would give a break by putting down the wrong speed limit."
  .
  Then apparently the cop gave him a break by unintentionally putting down the wrong speed limit.
  .
  "It was probably just a typo."
  What makes you think that the ticket was probably typewritten?

  • Report
  

  by Brian on January 10th, 2009

• Who said that the ticket was typewritten? The question clearly indicates "he wrote down 82 in a 55."

  • Report
  

  by Anonymous on January 11th, 2009

Comments

Comments

Comments

• Damn right.

  • Report
  

  by Sheriff Raff -Answerhag on February 2nd, 2008

Comments

Comments

Comments

• A typographical error is not grounds to void a ticket.

  • Report
  

  by Anonymous on February 2nd, 2008

• It depends where you are, but generally speaking, in the US or the UK if the ticket is NOT filled out correctly it is grounds for voiding the ticket.

  • Report
  

  by slothmister on February 3rd, 2008

• I do not know about the UK, but that is not true in America. I know many countries are strict on procedure. In the U.S., we are strict on requiring due process. As long as the accused gets the process in which they are entitled, the law does not care about procedure. If you read my actual answer, it outlines the due process reasons why we issue tickets.

  • Report
  

  by Anonymous on February 3rd, 2008

• In the US you can get off because the arresting officer did not even give you the correct verbal arrest thing "you are entitled to your right to remain silent...."

  • Report
  

  by slothmister on February 3rd, 2008

• Yes and no. Due process requires that a person, before a custodial interrogation, receive their Miranda warnings. Failure to give the warnings does not get you off. Rather, it simply means any evidence obtained by not giving the warning is excluded. As I said, America is all about due process, not procedure.

  • Report
  

  by Anonymous on February 3rd, 2008

• What does that have to do with a ticket. You are not taken into custody when you get a ticket, and therefore you are not entitled to any warnings.

  • Report
  

  by Anonymous on February 3rd, 2008

• If the ticket is written wrong then the person ticketed will have an argument for incompetence.

  • Report
  

  by slothmister on February 3rd, 2008

• Perhaps. You can certainly argue that the cop must have been distracted this day (you will piss off the judge if you use the word incompetent). After all, he wrote the wrong posted limit, so it is possible that he misread the radar gun as well. But this won't guarantee that you will win.

  • Report
  

  by Anonymous on February 3rd, 2008

• Indeed, but it is still possible :)

  • Report
  

  by slothmister on February 3rd, 2008

• Yes, but this not your original argument, now is it? You said "but generally speaking, in the US or the UK if the ticket is NOT filled out correctly it is grounds for voiding the ticket." Getting a ticket dismissed on the facts is not "voiding" the ticket. If the ticket were voided, you wouldn't even have to make the factual argument.

  • Report
  

  by Anonymous on February 3rd, 2008

• It is grounds for voiding the ticket under assumption that the issuing officer was "distracted" at the time.
  OFC it all depends on the judge as to what he will do. The best thing to do is just pay the fine and watch your speed.

  • Report
  

  by slothmister on February 3rd, 2008

• Perhaps you don't know what void means. A void ticket is one that is invalid on its face. If a ticket is void, there is no need to look at the merits of the case. That is, whether the cop was distracted or not, or whether the person was speeding or not, is irrelevant if the ticket is void. Since it is not void, a judge will have to look at the merits. A determination that the person was not speeding is a determination on the merits.

  • Report
  

  by Anonymous on February 4th, 2008

• But upon finding the officer incompetent the ticket would be voided, assuming ofc that he was found incompetent ofc)

  • Report
  

  by slothmister on February 4th, 2008

• That is not true. If the judge finds that the ofc was incompetent and the driver was speeding, he will still get the fine and the points. The only way the driver wins is if he convinces the judges that he was not speeding. And even if he does, the ticket is not void. The ticket was still valid, but the driver is adjudicated not guilty.

  • Report
  

  by Anonymous on February 4th, 2008

Comments

Comments

Comments

• Okay, as long as you will be more careful in the future. You never know when some wild animal might jump out in front of your car. It takes much longer to brake at 82 than it does at 45.

  • Report
  

  by Sheriff Raff -Answerhag on February 2nd, 2008

Comments

Comments

Comments

Comments