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I got a failure to stop at steady red. Light was yellow when both of my wheels passed the stop bar I was in the intersection.

Naples, FL |

The light went red as soon as I got clear of the stop bar. I was on a 50 cc scooter but it does not reflect this on the registration part of the ticket it states I was in a 2000 white ford pickup. does this matter at all that it is totally incorrect?

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Posted

Technicalities can form the basis of a dismissal in traffic court, but the same depends not only on the nature of the] technicality but also upon whether there is an amendment before the taking of testimony and the disposition of the trier of fact at that time.

Hire yourself a Naples area traffic ticket attorney. Those guys know their traffic rules and procedures, and more importantly they usually know the cops and the Judges (Magistrates and Hearing Officers). Most of them offer money back guarantees in the event of either points or school.

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Posted

Of course it matters, however, I agree with my colleague, this can always be amended prior to testimony at the hearing. You should consult a local ticket attorney to discuss your options. He/she may know if this officer regularly shows up to hearings or not.

The hiring of an attorney is an important decision that you should undertake with careful considerations. The use of Avvo, Inc.'s question and answer forum is only to provide general information and in no way forms an attorney-client relationship between the you and the attorney answering your question.

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Posted

If you. We're already in the intersection then you had committed to the intersection. Technicalities sometimes form the basis for dismissal, but not always. Here, however, it does not seem like a technicality., it a material fact of what vehicle was being driven.

You have 30 days from receiving the citation to request a hearing. I would not do so alone as I have seen folks snatch defeat from the jaws of victory.

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