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Cory Jay Wood

Cory Wood’s Answers

2 total

  • Can i get this Speeding ticket thrown out? There are wrong information on it

    He also wronfully declared me as a Hispanic man.I am asian

    Cory’s Answer

    There are many ways to have speeding tickets thrown out. Whether it can be thrown out because of some wrong information on the ticket itself really depends on what that misinformation is and how that affects your rights. Essentially what you are asking is whether the ticket can be dismissed based on the sufficiency of evidence from the information in the Notice of Infraction (NOI).

    3.1 (d) of the infraction rules discusses sufficiency of the NOI (in this case, your ticket). It states: "No notice of infraction shall be deemed insufficient for failure to contain a definite statement of the essential facts constituting the specific infraction which the defendant is alleged to have committed, nor by reason of defects, imperfections or omissions which do not tend to prejudice substantial rights of the defendant."

    Depending on all the facts and circumstances and what other information was wrong on the ticket, you may have an argument under 3.1 (d). The court would have to decide whether the "mistakes" tend to prejudice substantial rights. If not, then the ticket, on its face, will likely be found sufficient. It would be best to hire a lawyer to assist you with the ticket, then you can be sure you have backup arguments, since you may have a difficult time showing the mistakes tend to prejudice substantial rights (really depending on the mistakes).

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