Can a officer change the time on a ticket?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a officer change the time on a ticket?

I was driving on the hov lane the other day at 11:2 0am. I was heading to work 12 pm-9 pm is my shift I was going traffic flow which might be considered over speed limit. I drive a sports car and that could be the main reason why i got pulled over out of everyone else, however when I pulled over the officer didn’t gave me a ticket for speeding. He gave me a ticket for

Asked on May 15, 2018 under General Practice, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

1) No, it is not legal: an officer cannot lie about the basis for a ticket (about the facts underlying it). Sometimes, a given traffic offense could be the basis for more than one infraction, and when that is the case, the officer can legitimatey choose among the several options--but the key is, whatever ticket you receive must be supported by the facts.
2) Regardless of legality, winning if you contest it depends on whether you can convince the court you are telling the the truth or not (and therefore also that the officer is lying). You can request "discovery" or information and documentation from the prosecutor and police, including dash cam videos, if you believe they will support your case. You can also present witnesses in your defense, such as anyone else who can corroborate when you were driving; or you can present other evidence showing when you were driving (e.g. if you have any toll receipts showing when you were on the road). The officer does have an inherent advantage: all things being equal, the court will believe the sworn, trained, and neutral police officer (no personal stake in the outcome) over the driver trying to avoid a ticket.
3) Should you fight it? You don't mention how fast you were going. Compare the penalties, in points and fines, for the HOV violation vs. what you could get for the speed you were going--depending on how fast you were going, the officer may have done you a favor by writing you an HOV ticket.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption