If I got a speeding ticket but when the cop filled it out he put white down for race when I was clearly indian, can I use this to get out of my ticket?

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If I got a speeding ticket but when the cop filled it out he put white down for race when I was clearly indian, can I use this to get out of my ticket?

Asked on January 5, 2013 under Criminal Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Almost certainly not. Your race is not relevant to a traffic stop (unless you are claiming--and believe you can prove--you were discriminated against due to your race) and the law does not invalidate traffic tickets (or, for that matter, criminal charges, court orders, contracts or settlements) because of a mistake which does not affect the fundamental identification and validity of the document. So as long as it is clear that they officer identified and issued  the ticket to the correct person--e.g. it's got your name, driver's license number, car, and/or address correct--then a misidentification as to race is irrelevant.


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