I was going 41 in a 25 mph construction zone. I was pulled over and given a mandatory court date. When I asking what the points and fine were and the why I had to go to court he said I don’t know I don’t work at the courts. On the explanation of the ticket it says 41 in 25 mph construction zone. Below that, however, it says radar at 41mph, speed limit 25mph and a box is checked as school zone and not construction. I was not in a school zone and no explanation of the ticket was given when asked about fines and judges to the officer. He just said show up at court. I got a speeding ticket in May of 2013 but a minor ticket.
Do I fight the ticket? Is it dismiss-able due to his error or not, due to my speeding and fault? What plea should or can I take?
It is an urban legend that if a cop screws up in writing your ticket, then the ticket is dismissed. This is called a “clerical error” and has even gone to the Supreme Court on an issue involving the wrong apartment number in a search case.Saying to the judge, I was not in a school zone but a construction zone will do very little depending upon where you were. Hire a good traffic lawyer and get this off your record.
All information provided by this site, including summaries and articles on legal topics, is general in nature and provided for informational purposes only. This information is not intended as legal advice, and should not be taken as such.Legal advice involves an attorney’s application of legal knowledge and judgment to specific facts and circumstances presented by a client. Before providing specific advice, a lawyer may need to conduct legal research and/or obtain additional facts. Nonlawyers should therefore not draw conclusions about what may be legally required, permissible, or advisable based solely upon consultation of general sources of legal information, including this and other law firm websites, without first seeking appropriate legal advice.
Also Read: Ticket Amendment From Out Of State