A place to discuss any general Highway Traffic Act related items.

Moderators: admin, hwybear, Radar Identified, Reflections, bend, Decatur

TeeSee
Newbie
Newbie
Posts: 2
Joined: Wed Mar 23, 2016 12:00 pm

Disobey Sign Hta 182 2

by: TeeSee on

I got a ticket for failure to obey sign. That's a $110 fine & 2 points. On the issued traffic ticket, the licence plate info is wrong (off by 1 number). All other info on the ticket is correct ie name, address, Driver's License etc


Question:


1. Is it enough to deem the ticket "invalid" or have it thrown out?

2. Do I have to opt for a trial in order to find out?

3. What's the best option to a) reduce the fine and b) remove the demerit points?


Thanks in advance

jsherk
High Authority
High Authority
Posts: 1722
Joined: Thu Jul 26, 2012 1:18 pm

by: jsherk on

No. An incorrect license number or mispelled name is NOT a fatal error and will not get your ticket thrown out.


Best option is to plead NOT GUILTY and request a trial with the officer present. Once you get the Notice of Trial you can request disclosure (officers notes). While waiting for the disclosure you could request a meeting with prosecutor to see if they will offer you a plea deal. If you do not like what they offer you can still go to trial. Anyways you need to get disclosure to see if the officer has everything in his notes to get you convicted.

+++ This is not legal advice, only my opinion +++
TeeSee
Newbie
Newbie
Posts: 2
Joined: Wed Mar 23, 2016 12:00 pm

by: TeeSee on

If the ticket won't be thrown out, can the incorrect license number be used to my advantage If I go to trial?


What kind of info has to be included in his notes to get a conviction? Is requesting disclosure a tactic to find other errors in his notes/evidence?

jsherk
High Authority
High Authority
Posts: 1722
Joined: Thu Jul 26, 2012 1:18 pm

by: jsherk on

The incorrect license number can not be used to your advantage at trial UNLESS there are several other errors as well, in which case it might help a LITTLE bit by arguing the officer clearly was not thinking straight that day. But one error by itself is pretty much not going to help you at all.


The officers notes are what he will testify in court, so by reviewing the notes before trial you will know if they actually have all the elements they need to get a conviction. Once you get the notes, scan and post them here for us to review.

+++ This is not legal advice, only my opinion +++
Post a Reply

Return to “General Talk”

Who is online

Users browsing this forum: No registered users and 10 guests