I got a speeding ticket recently. The officer said I was going 45 in a 35. I said "ok I was going downhill" I handed him my Alaskan registration that has my name on it and address. And my Alaskan drivers license, my drivers license does have a moscow address because the dmv messed up when shipping it to me. But an Alaskan drivers license is 100% different than an Idaho one. On the ticket i says I have blue hair and my state dl is idaho. Not alaska. My hair is brown by the way. Also if I had an Idaho DL with Alaskan registration that would entail I am a resident in two states. If he can't tell the obvious difference between AK and ID licenses. How sure am I that I was going 45 in a 35 and not 36 in a 35 based on his "professionally acquired evidence"
All the state has to prove is that you were going 36 in a 35. The discrepancy on the ticket regarding your hair color and state of residence is not a defense so long as the state can prove that you were the person driving the vehicle that was going over the speed limit.
Mr. Shepherd is correct as the State only has to prove that you were going 1 to 10 miles over the speed limit. They can also amend the citation with the correct information. You could certainly use the mistakes to attack the credibility of the officer if you choose to take it to trial and the Judge will weigh that information. You also may be able to work a deal out with the prosecutor to keep it off your record before trial.
If my answer was helpful to you, I would appreciate if you would mark it either "helpful" or "best answer" if you feel that applies, as AVVO gives us rating points based on feedback. Thank you! Please note that the above answer is not to be construed as legal advice. It is my personal opinion based on your question, and it was given without obtaining the detailed information that I would normally request in order to render comprehensive legal advice. I advise you to consult with a local attorney of your choosing to obtain specific legal advice. The fact that I answered your question does not create an attorney-client relationship between you and me.
The incorrect information is not a fatal defect on the traffic citation, but may have some impact upon the credibility of the Officer should this case proceed to trial. Best of luck to you!!
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