Do I have legal grounds to dispute a speeding ticket if the officer put down the wrong number?

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Do I have legal grounds to dispute a speeding ticket if the officer put down the wrong number?

I was pulled over and was told I was going 82 mph initially but the officer came back a moment later and said he gave me the citation for going 79 in the 60 mph zone. I could qualify for defensive driving and possibly keep my record clean. I have a CDL and don’t qualify for any of that in the state. I requested the dash cam and it has the whole conversation recorded. Will the argument that he wrote down the wrong mph on the ticket hold up in court?

Asked on August 21, 2018 under General Practice, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, it will not, because a case can only be dismissed for an error that is "prejudicial," or harmful, to the defendant. Recording your speed as 3 miles per hour low (79 instead of 82) either has no effect (if in your state, 19 and 22 miles per hour over the speed limit are treated the same) or is beneficial to you (if the lower speed on the ticket puts in you a category for a lesser penalty). Since there is no harm or prejudice to you, this is not grounds for dismissal.


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