Hello I was pulled over recently and given a speeding ticket that was listed as "Too fast for conditions". The officer told me that he was giving me a minor violation that would not put any points on my license and affect my insurance. After he left I looked at my ticket and it is issued to someone else completely! It has their personal information such as date of birth, address, license #, weight, height, etc. The vehicle information matches my car but everything else is wrong. What should I do? I can't afford a lawyer to sort this out. Should I just pay the ticket and forget about it since the cop said the ticket would not effect the license? I don't want the guy on the ticket getting hurt for my actions... What can I do, will the ticket be thrown out in court?
If you were issued a citation but the ticket is made out in someone else's name, you should be able to get the ticket dismissed. This is a technical argument that goes to the sufficiency of the charging instrument (the citation). At the very least you should consult with an attorney about your case to decide how to move forward. I never advise people to "just pay the ticket." There's nothing wrong with having a free consultation first.
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The court should dismiss this ticket. When you go to court have them search their system for your name. You need to make sure they don't have a ticket with your name on it.
James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.
This is your early Christmas Present. The ticket should be dismissed by the court as it is not issued in your name. Very minor issues with tickets will not result in the citation being dismissed - things such as an incorrect color or model of the car etc.. The Court or Solicitor will probably search the system for a ticket made out in your name. If there isn't a ticket, most likely the ticket will be dismissed. I don't recommend just paying the ticket, at least go to court and explain the problem to the court officials. If this isn't resolved in court, then you should consult with a local attorney that regularly practices in Duluth.
Good Luck!!! George McCranie www.McCranieLawFirm.com
The information provided in this response to a question is not legal advise and is provided only for general information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.
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