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Incorrected location on citation.

Winter Garden, FL |

I got pulled over from a traffic light. When the light turned green I went about 50 mph on the 55 mph. The cop then pulls me over right after the traffic light. He said I was going 61 on a 45. Then later after I recieved the citation he left asap. I realize that he put down the wrong place. Can I dismiss this speeding ticket because he wrote it wrong?

Attorney Answers 4

Posted

The error may provide a talking point at the hearing but it alone will not invalidate the citation.

It's not a great idea to represent yourself in traffic court . You do, however, have the constitutional right to do so. I would recommend spending an entire day in the traffic court to observe how judges handle self-represented defendants to get an idea of how irritated they get at amateur lawyering. If you really want to represent yourself, you should purchase an hour of a traffic attorney's time to have her or him coach you on how to handle things. A better choice is simply to hire an attorney.

The best way to decide is by talking to the lawyer. The insight into the lawyer's approach can help you decide if the lawyer is right for you. Whether the lawyer is willing to spend a few hours to be your advisor may show you the lawyer will be aggressive in your case later on. Finally, don't make up your mind about hiring a lawyer until you've met him or her.

Click the Lawyer Search tab on Avvo and look for an attorney in your area.

Finally, you might find my Legal Guide helpful "What Do I Tell My Lawyer"?

http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer

or

You might find my Legal Guide helpful "Ethics: Yes I Need a Lawyer!"

http://www.avvo.com/legal-guides/ugc/ethics-yes-i-need-a-lawyer

Good luck to you.

God bless.

NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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Posted

Agree with Alan. You will not win the hearing on this point alone.

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Posted

The office can correct the location before a trial. It's not enough alone for you to win. But some judges will take you seriously if you take your case seriously by hiring a traffic attorney. Possibly no points and just a fine???? Please click on our website, it does not cost anything. Thank you.

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Posted

This is a very common question and the answer is clear. A minor error on the traffic ticket will generally not result in the case being dismissed. The officer has until the time of trial to amend the ticket. You should contact a traffic ticket attorney in the area to see if there are other possible try to fight the ticket.

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