I was given a speeding ticket, that was clocked by a radar, saying I was going 72mph with a 55mph limit. On my affidavit the officer states that I was driving a 2004 Black Cadillac Escalade, but in reality I drive a 2008 Burgundy Chevy Equinox.
Might make a difference because he has the wrong vehicle. That calls into question anything he may have said on the ticket, including the speed.
My personal experience is that since each state handles these cases differently you should likely talk to a lawyer who handles this type of matter. In Washington, speeding is a traffic infraction and not a criminal matter. In other states it is a criminal matter. If criminal you may be entitled to an attorney at state expense.
Anyway, talk to a lawyer who can help you.
As to the "technicality", it probably won't be fatal to the ticket, not in terms of a motion to dismiss anyhow. Still, cross-examination is called an "art" for good reason and, these inconsistencies can definitely, 100%, be used to destabilize and bring into question the officer's observations, memory, accuracy, reliability and overall credibility, all of which can result in a "not guilty" verdict.
However, my guess is that you have about as much business practicing it as I do piloting a space shuttle... meaning none. Please understand that this is not personal to you. It is a simple truism in the legal profession. It is very easy to screw up a case when one does not understand the complexities of the rules of evidence and art of cross-examination. You have a potential winner and I'd hate to see you blow it.
That said, in my opinion, the best defense for any traffic citation anywhere is to hire a local traffic ticket lawyer. I can't speak to the Birmingham, AL area per se but in Miami, Fl, where I have been a practicing criminal defense lawyer for nearly a quarter of a century, there are many skilled and experienced traffic lawyers who know the law, the procedure, the Judge and probably the cop. In short you will almost certainly get both competent representation and a better result for a relatively small fee / investment.
I hope that I have been helpful in answering your question.
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Best to retain a local traffic court to find it so you have a chance of avoiding points
It's unlikely that the entire ticket would be scrapped on a technicality like this, but it is possible. You should probably consult a local attorney to help you.
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