Can my speeding ticket be dismissed?
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Can my speeding ticket be dismissed?
I was ticketed for going 5 over. I was
going 61 in the 45. My ticket has the
wrong license plate and wrong make and
model vehicle. Am wondering if he
pulled over the wrong car
Asked on January 28, 2017 under General Practice, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
It can be dismissed, but does not have to be: IF the prosecutor wants to proceed and believes that the officer can and will testify that it was your car he pulled over but he mixed you up with another ticket he was writing, the prosecutor could elect to go forward, possibly after amending/revising the ticket.
However, while the prosecutor *could* try to proceed, he is unlikely to do so for only 5mph over, since it's uphill battle for him--as stated, he have to be sure the officer could positively identify you and convince the court he got the write person, but just made a drafting mistake in the ticket. That is unlikely--unlikely that the officer can necessarily remember you among all the other tickets he's given out, and unlikely that the prosecutor will think it's worth the prosecutor and officer time to do this.
So it is likely that such a small ticket will be dismissed. You can't do it ahead of time though: you'll have to show to court, speak with the prosecutor, show proof of you plate and make/model (e.g. show the registration) and get him in court to dismiss.
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