Wrong gender on traffic ticket... Can I get it dismissed?

Asked almost 2 years ago - Seattle, WA

I got a ticket from Seattle and it incorrectly states that I am Male... Can I get it dismissed based on this?

Attorney answers (3)

  1. Andrew C Huff

    Contributor Level 12

    5

    Lawyers agree

    Answered . This could only be an issue in my opinion if you are challenging whether you were in fact the driver. If not and there is other information sufficiently identifying you, I don't think you will be successful. You need to review the officer's narrative report, in part because he/she could have sufficiently identified you there.

  2. Alexander Phillip Jensen

    Contributor Level 6

    4

    Lawyers agree

    Answered . Getting the ticket dismissed based on an error such as the wrong gender is unlikely.

    IRLJ 2.1(b)(2) requires the ticket to contain the name, address, date of birth, sex, and physical characteristics of the defendant, but this requirement is subject to the language in 3.1(d).

    IRLJ 3.1(d) states that the notice of infraction shall not be dismissed for defects unless the defects prejudice a substantial right of the defendant. So, you need to show the court how your substantial rights are prejudiced. A judge is not likely to find that rights are prejudiced, and will simply move along to the rest of the hearing, which is not a good plan of action for you.

    A lawyer who practices traffic infraction law should be able to locate potential legal issues, if any, with your ticket, and will also be able to negotiate with the prosecuting attorney to discuss other resolutions that could prevent a potential increase in your insurance rates. You also would most likely not be required to attend the hearing.

  3. Philip Douglas Cave

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . Unlikely unless there is an issue of who was driving.

    mljucmj@gmail.com 703-298-9562, 800-401-1583. Answering your question does not create an attorney-client... more

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