Can I fight a ticket with the wrong information on it?

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Can I fight a ticket with the wrong information on it?

It had the wrong D.L. number misspelling of name and incorrect license plate number. What

should I do?

Asked on April 13, 2016 under General Practice, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can try to fight on that basis, by claiming that this was not you--that the officer somehow gave you the wrong ticket (someone else's ticket). And this may work, if the prosecutor does not want to call in the officer to testify that these were only typos (typographic errors do *not* automatically invalidate a ticket, if they can otherwise, such as by officer testimony, establish that you were the person ticketed) or if the officer cannot recall (or convince the court he/she recalls) who was pulled over. But if the prosecutor is willing to bring in the officer and officer can credibly explain/testify that you were the person ticketed, but he or she simply took down some information wrong, then these errors will not result in the ticket being dismissed.
As a practical matter, if the offense was small (e.g. speeding, by not too much; trying to go through a yellow light, but it turned red before you go there) they are more likely to let it drop and dismiss it. But the more serious and memorable the offense (going way too fast; driving recklessly; drivng DUI; etc.), the more likely they are to proceed with the case and have the officer recall you.


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