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Posted: 3/18/2009 11:41:00 PM EST
My ticket question involves a speeding ticket I recieved for speeding in a work zone on a local road. The main question is about an error on my ticket. I know based on previous posts here I have read that a ticket error isn't perfect ground for getting a ticket thrown out. However, on my ticket, the officer lists my DL # as K01****** (* used to protect my personal information) which is my correct number(I have a Kansas DL and it is my state of residence). However, this occured in tulsa oklahoma where I attend college and next to listing my DL number on the ticket, he listed my DL state as "OK" which is short for Oklahoma. This is the main error. Another minor error is that the ticket says I have a class "D" lisense class and my DL(from Kansas) clearly says "non-comercial class C". I am guessing he was on autopilot mode and filled out the DL state and class type as if I was a typical OK driver with a OK drivers license, which I am/do not.

I understand that ticket errors are not the strongest defense for fighting a ticket but technically there is no such Oklahoma DL as the one he listed. Do I have a chance here to get this ticket reduced or thrown out?

I just recieved this ticket about 3 hours ago(12am local time), and I was considering going in to talk to someone at the ADA's office in the morning. What level of wiggleroom should I be trying to get? Should I be happy with a slight decrease in fine or should I insist on it getting thrown out?

Also, is there any case law I could bring up that would support my cause and maybe convince them that my ticket isn't worth the trouble?

I don't know if this helps any but here is the background on the ticket. The usual road speed is 45. The construction zone speed is 30. I was clocked on radar going 44. He listed my speed on the ticket as 44 in a 30 but only citied/fined me for the 1-10 over fine, which was $150. He also didn't double the $150 fine, which he says he could have done because it was a "work zone". I am a college student and really don't have much extra cash to pay it but I don't know how much sympathy I would get with the ticket office because my vehicle type is a 2005 luxury/import car(given by my parents for a full ride to school and not an accurate reflection of my personal financial situation)
Link Posted: 3/19/2009 12:04:44 AM EST
Tag for legal advice
Link Posted: 3/19/2009 12:05:04 AM EST
My view: You f#*cked up, got caught, pay the fine.

Others view: This is a way to get out of the ticket.

When iwas 16 I got a 42 in a 35. Sign was covered in snow (completly) Cop had the following wrong:
-D.O.B. (Wrong month,day and year, was like 927years old)
-drivers licencse #
-Hair color(black hair, mine is natural red/orange)
-color of car(was night, car was spruce green so I'll give him that one)
-county of incident(missed by 1 county, was even written on the side of his car)
-and the wrong road (couldnt have even picked a road name that was in the county?).
$150 lawer+$125 fine+1 point on licence for equitment failure (I assume they meant mine)

I kept a copy of my citation in my wallet for a few years, even had a copy framed on my wall

Good luck if you do fight it, hopefully you will do better than I did. Not trying to bash....just needed to vent again
Link Posted: 3/19/2009 12:12:51 AM EST
I enjoy and will take anyone's comments but is anyone here a JD?
Link Posted: 3/19/2009 12:25:12 AM EST
Count your chickens...he did you a favor by still upholdong the law.
Link Posted: 3/19/2009 2:34:28 AM EST
Pay the fine. It will probably cost more to fight it than the fine and if you loose, well....................................
Link Posted: 3/19/2009 2:46:51 AM EST
No, unfortunately it will not help in your defense.
Link Posted: 3/19/2009 3:21:51 AM EST
If he fights it, is it possible for the charge to be upped to the 'real' 10+ over and Work Zone status from the current lenient -10 over, no work zone status?
Link Posted: 3/19/2009 3:22:18 AM EST
well if he made mistakes on the easy shit, it puts the viability of what speed you were actually going in question.

sounds like reasonable doubt to me.

i would go see if you can talk to an ADA.
Link Posted: 3/19/2009 11:36:34 PM EST
Attend the court date and plead not guilty as the drvers license number on the ticket is not yours. The ticket might get thrown out without ever going to a trial.

I got a ticket once for having no proof of insurance. I didn't have insurance at the time and pleading guilty would have been a $1000 fine as I was involved in an accident (not my fault). Cop wrote "Liability Insurance Violation" on the ticket. This however is not a specific charge but a general catagory for charges. Judge took one look at the ticket and said he didn't know exactly what violation I had comitted. Case dismissed.

Judge did ad the cover his ass statement, " this is not to say if the court feels it has enough evidence against you, you can be charged again in the future. What a dork. The ticket was the only evidence against me presented by the prosecutor. Ticket was jacked up and so was any evidence. Go to the initial court date and tell the judge the ticket is jacked up. May not win but then again you might. Worth a shot.
Link Posted: 3/20/2009 12:20:17 AM EST
Probably not going to be much of a defense. Your DOB address name and number are already on the ticket and correct, and you have have the ticket, so the defense of "not me, wrong DL state" probably won't fly.
Link Posted: 3/22/2009 5:02:26 AM EST
[Last Edit: 3/22/2009 5:06:14 AM EST by 12_gauge]
What I normally do is am polite with everyone I come into contact with and then strike a deal during the arraignment. Last ticket was 89 in a 60. $165 total + driving school for $40 and it went away. I just smiled at everyone I spoke with and used "Sir" and "Ma'am". Then again, it was not in a work area, were there workers present?

Seems like the officer was nice to you. I am almost sure that he didn't write anything "bad" on the back of the ticket (they usually write notes on there if you are a dick). Yes, I am pretty sure you are gonna pay the ticket. Just keep it off your insurance man. THAT is the big one!

PS. trying to "wriggle out" based on a technicality will only piss them off because they see you as "trying to buck the system" and you are a young guy like me. They like it when you act like the system is god and you have pissed in his eye and need forgiveness. That is the mentality that will get you cut some slack in court. Not "I am gonna wriggle out of it because im smarter than that cop who wrote this." Just play your cards right. It is all about money. Money money money. Pay them the fine (Bring cash with you, they don't take checks), but make sure they allow you to take the driving course. Since you weren't doing that much over, maybe they will change to non-moving violation? Who knows. be polite and see what you can get.
Link Posted: 3/22/2009 10:08:59 AM EST
Originally Posted By agb104983:
My ticket question involves a speeding ticket I recieved for speeding in a work zone on a local road. The main question is about an error on my ticket. I know based on previous posts here I have read that a ticket error isn't perfect ground for getting a ticket thrown out. However, on my ticket, the officer lists my DL # as K01****** (* used to protect my personal information) which is my correct number(I have a Kansas DL and it is my state of residence). However, this occured in tulsa oklahoma where I attend college and next to listing my DL number on the ticket, he listed my DL state as "OK" which is short for Oklahoma. This is the main error. Another minor error is that the ticket says I have a class "D" lisense class and my DL(from Kansas) clearly says "non-comercial class C". I am guessing he was on autopilot mode and filled out the DL state and class type as if I was a typical OK driver with a OK drivers license, which I am/do not.

I understand that ticket errors are not the strongest defense for fighting a ticket but technically there is no such Oklahoma DL as the one he listed. Do I have a chance here to get this ticket reduced or thrown out?

I just recieved this ticket about 3 hours ago(12am local time), and I was considering going in to talk to someone at the ADA's office in the morning. What level of wiggleroom should I be trying to get? Should I be happy with a slight decrease in fine or should I insist on it getting thrown out?

Also, is there any case law I could bring up that would support my cause and maybe convince them that my ticket isn't worth the trouble?

I don't know if this helps any but here is the background on the ticket. The usual road speed is 45. The construction zone speed is 30. I was clocked on radar going 44. He listed my speed on the ticket as 44 in a 30 but only citied/fined me for the 1-10 over fine, which was $150. He also didn't double the $150 fine, which he says he could have done because it was a "work zone". I am a college student and really don't have much extra cash to pay it but I don't know how much sympathy I would get with the ticket office because my vehicle type is a 2005 luxury/import car(given by my parents for a full ride to school and not an accurate reflection of my personal financial situation)


the answer really depends on your states definition of the "legal sufficiency of the accusatory instrument". my jd and license do you no good in ks or ok.
Link Posted: 3/22/2009 10:49:19 AM EST
go see the da and make a deal go for a no point cheap ticket seatbelt comes to mind pay it and justice is done
Link Posted: 3/23/2009 5:58:50 AM EST
[Last Edit: 3/23/2009 6:01:47 AM EST by joedapro]
Originally Posted By xenith:
go see the da and make a deal go for a no point cheap ticket seatbelt comes to mind pay it and justice is done


not all jurisdictions in my state are set up for a plea. it may not be an option. if i were he, i would research what is needed for an effective acusatory instrument in the state.

also be prepared to ask the court for a subpoena to identify who owns the drivers license on the summons.
Link Posted: 3/23/2009 7:31:57 AM EST
You said the ticket was in a "work zone", at 12am at night? Were there any workers present at the time? most of the double fines can only be issued if workers are present? Also is the 30mph limit sign a temp one? If so it may not have been correctly displayed and should have been covered up when workers were not present?

Just tossing out some ideas.
Link Posted: 3/24/2009 6:54:42 AM EST
[Last Edit: 3/24/2009 6:56:22 AM EST by Travis]
I'm not a lawyer but am a cop so take this for what it's worth.

I don't think you have enough to get the ticket thrown out the DL number is easily amended in court. You probably don't want to use that argument in front of the judge. Sounds like the officer cut you a break to give you a $50.00 ticket instead of jacking you with a $150+ ticket. It is a fairly easy case to say you were doing 44 in what was normally a 45 but was a 30 due to construction and you missed the sign according to what you have told us here. Also it is possible to charge the additional work zone violation and quite possibly the speed depending on the officers testimony in court I've seen it happen.

Good luck but I'd pay this one.
Link Posted: 3/24/2009 8:11:42 AM EST
First; never just pay a ticket. It only supports the state to use police as money makers when they should be fighting crime. Second, go to the National Motorist Association web site and get real info on what you need to do. Everything else is just BS. Sometimes officer nice guy cuts you a deal so you will not get a lawyer to fight it in court. No money in taking up the Courts time. While I have not had a ticket in 35 years my wife got one 4 years ago. She cross examined officer friendly and got him to perjure himself in front of his friends and fellow officers. Judge slammed down the hammer and got everyone out of there quick before he made a bigger fool of himself. Never ever just pay as you screw it up for everyone else. Fight for your rights or lose them.
Link Posted: 3/24/2009 4:14:17 PM EST
Nope, Your F'ed, plead not guilty, go in and have it reduced.

My g/f got a ticket once and they messed up on the ticket, then crossed out in pen the date on the CARBON COPY and didnt initial it. In court they just harrased her and asked her if she went to law school.
Link Posted: 3/26/2009 10:56:21 AM EST
He cut you some slack. Pay the fine. If you don't show up, then chances are they will suspend the D/L number that is on the citation. This may or may not be a valid number for some poor sole in Ok. However if it is a valid number and they suspend his/her D/L because of your violaton, thats kinda shity. Not to mention when that person gets stoped and goes to jail for driving under suspension, they will find out what went wrong, and since you were personaly served the citation, you will be in contempt, and more than likely a warrant will be issued.

I have ran into this before where someone's DL was wrongly suspended. It showed suspended on my MDT, I conformed it threw radio, and issued the citation. The whole time the guy was telling me he has never been issued a ticket in his life, but Im looking at his DL report that shows suspended for an out of state affidavit for traffic. Later, we get to court and the guy produces sworn letter from the DMV that it was a mistake, because of the wrong DL number being listed on a citation. The clerks process hundreds of them, and most of the time they dont pay attention to detail.

So, If you were infact speeding, then please pay the ticket and keep your honor. If you disagree with it, then contest in court.

Link Posted: 3/28/2009 8:36:47 AM EST
[Last Edit: 3/28/2009 8:37:22 AM EST by joedapro]
Originally Posted By SwatDawg15:
He cut you some slack. Pay the fine. If you don't show up, then chances are they will suspend the D/L number that is on the citation. This may or may not be a valid number for some poor sole in Ok. However if it is a valid number and they suspend his/her D/L because of your violaton, thats kinda shity. Not to mention when that person gets stoped and goes to jail for driving under suspension, they will find out what went wrong, and since you were personaly served the citation, you will be in contempt, and more than likely a warrant will be issued.

I have ran into this before where someone's DL was wrongly suspended. It showed suspended on my MDT, I conformed it threw radio, and issued the citation. The whole time the guy was telling me he has never been issued a ticket in his life, but Im looking at his DL report that shows suspended for an out of state affidavit for traffic. Later, we get to court and the guy produces sworn letter from the DMV that it was a mistake, because of the wrong DL number being listed on a citation. The clerks process hundreds of them, and most of the time they dont pay attention to detail.

So, If you were infact speeding, then please pay the ticket and keep your honor. If you disagree with it, then contest in court.





i see we can differentiate between the cops and lawyers.
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