Skip to main content

How many things can be wrong on a ticket before someone says ok clearly this officer didnt know what he was doing

Price, UT |

Officer told me I had done nothing wrong or seen me doing any thing wrong when he pulled me over and did not witness the complaint and did not even know if I had even been on the hwy where the complaint came from didnt say I matched a discription of the vehicle just complaint of a truck pulling a trailer that I might add should have been phoned into sheriffs or hwy patrol because it was miles out side his city and on ticket direction of travel,model of vehicle,type of vehicle are all wrong, and says I broke the law where he pulled me over. This is a ticket given to a comercial driver operating a comercial vehicle by a officer not qualified to investigate the complaint just sited me for careless driving with out even looking at my log book

+ Read More

Attorney answers 2

Best Answer
Posted

It is up to the prosecutor whether there are so many errors that he or she would not think the officer was reliable. In court, the officer could testify that he made some errors in the notice to appear and remedy the situation. However, with so many errors, doing so would affect his credibility, and the judge might acquit you of the charge.
I suggest you try and talk to the prosecutor before going to court to explain all of the errors and to see if you can get the charges dismissed. If not, then you have the right to a hearing before a judge to testify about the incident. Then it will be up to the judge to decide.

This answer or response should not be considered legal advice, and does not create an attorney-client relationship. If you have further questions, I would be glad to discuss your situation further. I can be reached at US - (801) 746-6300, or online at -- http://www.lewishansen.com/attorneys/robinson.html

Asker

Posted

what if I cant find the procicuting attorney it is a small city and they dont list one the county does but not the city?

Peyton Hunley Robinson

Peyton Hunley Robinson

Posted

The ticket should tell you what court and jurisdiction is involved. It may be a county prosecutor, but you should be able to tell from the ticket.

Asker

Posted

It says city of Delta Colorado Municipal Court Delta city police department Wrote the ticket im a over the road driver and I found the county prosecutor online but nothing lists a prosecutor for city?

Peyton Hunley Robinson

Peyton Hunley Robinson

Posted

I am not familiar with Delta, CO. But Wikipedia says it has less than 10000 people. So maybe there is not a city prosecutor. Many small towns rely on county government, which even then may be small. Do some research, find out who you need to talk with, and raise your issues. Google is a good resource. You might find a local lawyer (in Delta County) to help you, but on the other hand, you should ask yourself whether it would be better to just pay the ticket or whether it would be worth it to fight it (e.g., will it go on your record?).

Asker

Posted

I have a CDL and it is considered reckless driving towards my licence and if found guilty costs me my hazmat endorsement and possibly my license all together from zero points to revoked I have no choice but to fight it but Thank You for all your help and insite I appreciate it

Peyton Hunley Robinson

Peyton Hunley Robinson

Posted

Good luck with this. I understand why you are pissed, and why you have to fight it.

Posted

It is up to the DA but the errors would potentially affect the officer's credibility.