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I received a speeding ticket and the police report states I was traveling NB when in fact I was traveling SB. What can I do?

Asked over 2 years ago - Seattle, WA

The police officer reported, "I was stopped facing SB in the 3800 block of Aurora Ave N and I visually observed the defendant's vehicle traveling NB on Aurora Ave N in the 3800 block..." Is there a precedent that will allow me to get out of this ticket based on the fact that I was actually traveling SB (southbound), not NB (northbound)? Thank you.

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Attorney answers (3)

Howard Woodley Bailey

Reputation Level 19

Answered over 2 years ago. Criminal Defense Attorney in Newark, NJ.

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Respectfully, this type of defect is unlikely to get the ticket dismissed. Obviously, it can be used to try to get a better plea offer or to impeach the credibility of the officer if you were to take the case to trial, but it is unlikely to convince a prosecutor to simply dismiss. Good luck.

DISCLAIMER: I do not practice law in your State. This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

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Shawn B Alexander

Reputation Level 19

Answered over 2 years ago. Speeding / Traffic Ticket Lawyer in Olga, WA.

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If your testimony is contradictory and is supported well and the officer is not present during your contested hearing you may be able to prevent the preponderance of the evidence from being in the state's favor.
I would reccomend having a attorney who practices in the local area where you got ticket review the case.
In Washington, the standard for traffic infractions is preponderance of evidence and the judge will assign weight to each parties testimony, affidavits and other supporting evidence.

Good Luck

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Catherine Ann Drees

Reputation Level 12

Answered over 2 years ago. Criminal Defense Attorney in Daytona Beach, FL.

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I do not practice in your state but I have won many traffic infraction hearings because the officer could not attend. I do not know how the officer can prove his case if he does not show up in court. Please go back to Aurora Ave.N and see if there is a place where the officers pull off the road so they can monitor traffic and see if the location gives you some idea of evidence which could contradict the info on the ticket.
Good luck

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