Not on that basis alone. That would be considered a "scrivener's error", like a typo, and irrelevant to the charge. However, that might be supporting evidence of the officer's inability to correctly observe and write up the violation, perhaps because the officer was tired or distracted.

If you contest the double parking ticket, the officer can, and probably would, dismiss that ticket and write a new ticket for the full 47 in a 35. You say that the officer gave you a break, which apparently means you know you were speeding. Double parking doesn't go on your driving record,... View More

I doubt that they will allow you to have a reconsideration. But to answer your question, if they did give you a hearing for reconsideration and you again lost, you could still appeal to Circuit Court, if the situation falls within one of the limited circumstances in which an appeal to the court is... View More

The ticket can be dismissed in your husband's name and rewritten in your name. Your husband could go to court for a Hearing without you and ask the officer if he was who the officer stopped. Of course, the officer may not remember and say yes, anyway. If it is rewritten in your name, if... View More

IF you are convicted of an OWI 3rd, there is a mandatory 30 days jail, and it can be up to 5 years. Without knowing more, it is impossible to say if you will actually be convicted of that. If you are convicted of OWI 3rd, the Judge may not make you serve it right away, given the pandemic. Even... View More

Since the ticket is marked as both a Civil Infraction and a Warning, you should assume it is a violation, and not just a Warning. It is rather confusing when an officer marks both boxes on a ticket. You can call the court to see if they have received the ticket, and if so, ask for a Hearing. If... View More

In general, errors of the type this officer made will not be enough to get a ticket dismissed, but if there are enough errors, and they are relevant enough, it does throw the officer's observations into doubt. I suggest you retain an attorney who handles a lot of traffic ticket cases in you... View More

He may be taken into custody, probably briefly, to book him on the warrant, which will then clear the warrant and he can pay the fines. He needs to be sure he has enough money with him to pay the fine, the late fees, the reinstatement fee for his driver's license which is probably also going... View More

As Mr. Buehner states, the difference is in whether the case is being prosecuted by the local municipality's attorney, or by the county prosecutor's office. There are a few municipalities that have an agreement with their county to prosecute state law cases, but that is unusual. The... View More

That message is pre-printed on all Uniform Law Citations (tickets). If the box on your ticket is marked Misdemeanor, then the message about felonies doesn't apply to you. You would not be charged with a felony unless you have two prior driving under the influence convictions, or there was a... View More

The ticket has a date, or a certain number of days, in which to respond. It is inserted about three quarters of the way down the main part of the ticket. It is on a line that starts "Appearance date on or before _______" There should be a set of instructions that are titled "Civil... View More

I doubt that he is going to get jail time. He needs to fully explain the circumstances of the incident when he sees the prosecutor and the judge. He should have a dated receipt for buying the truck, to show he had just bought the vehicle. He should have photos of it in its disassembled... View More

If it says Speeding, in the area on the ticket, right below where it says, In Violation of (probably Local Ordinance), then the charge is speeding, and the notation of Impeding Traffic in the remarks section is not controlling. If you just pay the ticket, you will be paying for a speeding ticket.... View More

Normally you can't "buy" your way out of community service. A lot of courts look at community service as an alternative to giving a person time in jail, so they often see it like they have already given you a break by not putting you in jail. Talk with your probation officer and... View More

Arraignment is usually just a formality (assuming you plead not guilty) to inform you of the charges and see if you are going to plead guilty or not guilty. It is at a Pre-trial that discussions would be held with the prosecutor to decide if the case could be resolved without a trial, even to the... View More

I agree that you need to get an explanation about this ticket. Maybe you can call the court and get clarification, but be sure you comply with the time limit stated on the ticket to formally respond to the ticket. If you can't get a satisfactory explanation, request an Informal Hearing and... View More

Operating a vehicle while intoxicated is what is prohibited. A vehicle is defined as a device that moves or can move on a highway, but not if it is powered only by human power. A bicycle without a motor is not a vehicle. A bicycle that has a power assist, that is being used, would be a vehicle. If... View More

Many court appointed lawyers are very competent attorneys and serve their clients well. To some extent, it depends on what court the case is in, and who you get as an attorney. Some courts use a "house counsel" system that has one attorney handling all the court appointed cases that... View More

If the officer witnessed you speeding, the fact that he did not pull you over immediately is not a defense. You should contact an attorney who handles traffic cases on a regular basis for some guidance on how your particular case should be handled. Sincerely, Frank B. Ford

Probably the best way to approach this is to ask for an Informal Hearing. When you go for that, you can tell the Magistrate about the mistakes on the ticket, but even before you do that, talk with the officer, who should be there for the hearing, and see if you can reach an agreement that will not... View More