If the name of the registered owner is misspelled on the ticket, can the ticket be dismissed on that basis alone?

Asked about 5 years ago - Santa Cruz, CA

Spelling error was made on the registered owner of the vehicle on a ticket given for a traffic infraction. The ticket was given for gridlock in Santa Cruz, CA.

Additional information

I just noticed that my name on the ticket is also miswritten. I have four legal names on my CDL and the officer only wrote three of them. In addition, he did not document my evidence of financial responsibility. Do all of these combined with the first issue of the misspelling of the registered owner indicate that the ticket might be dismissed?

Attorney answers (3)

  1. Joseph Briscoe Dane

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    Contributor Level 20

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    Answered . Even with the additional errors you listed, I'm sorry to tell you that it will unlikely result in a complete dismissal of the citation. If you are sufficiently identified, any other spelling or clerical errors could be fixed easily by the court.

    If you're in a situation where you need to fight this, such as having too many points on your record, insurance issues, etc., then it may be worth it to contact an attorney in your area that specializes in traffic citations.

    Otherwise, I wouldn't bank on the errors to get you out from under this one. You're left with the standard options: Traffic school if you qualify, set it for trial and hope the officer doesn't show (but if he does, you stand a good chance of losing at trial and you miss the traffic school option) or fight (either by yourself or with an attorney).

    Good luck.

  2. John M. Kaman

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    Answered . If the misspelled name is the only mistake I think not. They must have your CDL correct and your vehicle registration must be accurate as well. If looking at all the circumstances you can be identified they can simply amend the ticket.

  3. Howard Woodley Bailey

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    Answered . In my experience here in NJ, the answer is NO. If the ticket advises you of the alleged violation, identifies you enough that it is clear to the Court that it was you, then it is very likely that the ticket will just be amended by the Court. Good luck.

    DISCLAIMER
    This answer does not create an attorney-client relationship or constitute legal advice. Given the nature of this website, it is provided solely for informational purposes, for you to use as a starting point when speaking directly with a lawyer in your State. Do not assume that the legal theories I mention that pertain to NJ will apply in your State. I urge you to immediately contact an experienced criminal defense lawyer admitted to practice in your State before making any decisions about this case.

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