How badly does a trooper have to fill out a ticket before I can get out of the ticket?

Asked about 2 years ago - Puyallup, WA

Where Last Name is listed, she put none. Where CDL is listed she put no. I have both of these and that information is on my license. I live in ND and got ticketed in WA.

Attorney answers (3)

  1. Jon Michael Zimmerman

    Contributor Level 14

    1

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    Answered . You'll probably still have to fight it in court. You can try to contest by mail, but in my experience most people are not successful in contesting by mail and by doing so, you waive a lot of your rights.

    It is unusual to not have a last name (unless you are the artist formerly known as Prince) and no license number. Not having a CDL checked is unimportant. Once issued a ticket, however, you still need to follow the directions on the ticket for responding. Since you live in ND, it will be difficult for you to contest this ticket without the help of an attorney who deals with traffic offenses.

    Feel free to give us a call for a free consultation.

    This answer is given merely for informational purposes and does not create an attorney-client relationship. For... more
  2. James Edmund Oliver JR

    Contributor Level 13

    Answered . I agree with the above and would add a bit. You need to timely ask for the hearing and request all the information the State wants to use against you. Then you have to hire a lawyer, or know what to argue.

    First you need to request a contested hearing within 15 days of the ticket. Check the box on the infraction indicating you want a Contested Hearing and fill out your contact information before signing the ticket. I always recommend taking a photocopy of the completed ticket (front and back) for your files. The safest course is to mail the infraction return receipt requested so that you have proof of mailing.

    Second, you need to either hire an attorney, or request "Discovery" from the prosecutor. Discovery includes all the information the prosecutor wants to use against you. You need that information to see what else the cop did wrong. A copy of that discovery request needs to be filed with the court where you sent the ticket. Again, you should keep a copy of the request and mail the signed original return receipt requested. The prosecutor has to receive the Discovery request at least 14 days before the hearing date.

    The CDL issue isn't going to sway the judge, but the lack of an indicated last name might get you some traction. Sadly, it kind of depends on the judge.

    We generally beat these things because the cop doesn't properly document the testing he did, his qualifications, and other details in the case. Depending on the court, we also get mileage out of the State's 6.6 document. That document is supposed to indicate that the speed measuring device used to clock you does what it's supposed to and is tested by qualified people. Some courts will find that some 6.6 documents don't have the required info.

    We, like most attorneys, don't require client to be in court. That means you probably won't have to show up for court.

    Feel free to contact us with any questions you might have.

  3. Scott Weymouth Lawrence

    Pro

    Contributor Level 17

    Answered . Checking the wrong box on the CDL is not an issue. However, depending on the other information the officer submitted with the ticket the State may not be able to prove who was ticketed. A ticket lawyer is going to be better prepared to make this argument for you.

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