Asked over 4 years ago - Clearwater, FLFlag
I was looking at a ticket I just received and NOTHING about my vehicle was correct (even the tag number). It said that I was driving a 2004 Mercedes Stationwagon. I drive a yellow Lexus 4dr sedan....none of the information was even close. But all of my personal information was correct. Is there anything I can do to get out of this ticket?
The issues the prosecutor must prove are likely whether the driver was you and whether you committed the elements of the offense as given in the statute.
The description of your car likely is not an element the prosecutor must prove.
However, if the officer is mistaken in many things, the court may come to question the reliability of the officer. If the prosecutor cannot meet his level of proof, you likely "win".
Winning is relative. If you must spend a $1000 to win a case on a ticket for $100, you may not be winning much.
You likely should review your facts and options with an attorney local to where you receive your ticket. Besides the substantive laws, the police and prosecutor must adhere to many procedures. Perhaps the procedures were defective enough in your case so that you "win".
Minor errors on a ticket such as the color of a car are often excused and will not result in a dismissed ticket. However, material deficiencies such as mistakently identifying the vehicle may provide justification to dismiss the ticket. What constitutes a material defect varies from state to state so you should vet this with a Florida attorney. There is also the risk that the officer is afforded an opportunity to reissue the citation with correct information.
The information I have provided is general information only and not intended to be legal advice. Please check with an attorney in licensed in your state for specific legal advice.
I would love to know who the Officer/Deputy/Trooper was that wrote such a poor ticket? Also, whether the ticket is set in North County Traffic Court or South County Traffic Court could make a difference. I would recommend speaking with an attorney in Pinellas County to go over your options. There a few different ways in which you can handle this situation.
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