What can happen if the radar testing date on my ticket is wrong?
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What can happen if the radar testing date on my ticket is wrong?
I was clocked by a State Trooper who said that I was clocked at 55 mph in a 45 mph zone. On the ticket it says,
Asked on April 15, 2017 under General Practice, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You *may* be able to get the ticket thrown out on that basis: it depends on the prosecutor's and/or judge's (since the judge can overrule the prosecutor) appetite for addressing the issue: having to see what happened, such as if this is a mere typo (which can be corrected) or is symptomatic of a larger issue in the device's reliability and/or documentation; having to address or correct the problem and likely have another court date, with possibly having to bring in the technician to testify, etc. That is, it creates a larger headache for the court than they usually want to deal with for a traffic ticket, and I have seen the court dismiss for similar issues; but it does not mandate or require dismissal, and I have seen the court refuse to dismiss and instead adjourn the case to a future date, to give them time to fix the problem. It is certainly a good thing to bring up to the prosecutor's attention on the trial date, and there is a reasonable chance the court will dismiss.
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