I drove on the wrong lane. A officer gave me a ticket but he wrote the wrong thing. Can I win at a trial?

Asked about 2 years ago - Brooklyn, NY

I drove at the wrong lane but on the ticket he wrong "seat belt violation". He said he did me a favor because if I was to drive at the wrong lane I would've gotten "Points" on my record and by writing seat belt violation I was able to not get any points. If I go to trial and the cops shows up and say I was driving at the wrong lane will I get points? and what if I bring up the fact that I had seatbelt on but I was driving at the wrong lane but he wrote the ticket wrong so therefore I should not pay a fine. I have a witness sitting next to me that can prove I was wearing seat belt.

Attorney answers (5)

  1. Joseph A Lo Piccolo

    Contributor Level 20

    7

    Lawyers agree

    Answered . You should pay the fine and walk away and be happy!


    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  2. Eric Edward Rothstein

    Contributor Level 20

    7

    Lawyers agree

    Answered . What will you do if the Judge allows the Officer to amend the summons to reflect what you actually did wrong?

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  3. Yefim Rubinov

    Contributor Level 17

    6

    Lawyers agree

    Answered . The cop did you a favor and you will lose af trial even if you had a witness. Pay the ticket and go about your life

  4. Michael J Palumbo

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . That's an excellent defense!

  5. Sarah Kramer Steiner

    Contributor Level 7

    1

    Lawyer agrees

    Answered . It's a really bad idea. There is a very small chance that you could get the ticket dismissed. It is much more likely that you will wind up with an amended ticket for what you actually did, a maximum fine for being a smart-aleck, and maximum points. Pay the money and walk away.

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