Q: I recently received a traffic ticket. After I reviewed the ticket, i seen it was not given to me in my name?
It was under my fathers name, who is on the insurance. I was the only person in the vehicle when the ticket was issued. How does that affect the ticket?
A: Interesting case. I think that the mistake by the police officer could be corrected by simply re-issuing the ticket if your father were to answer to the ticket. He should answer to the ticket so that he is not in default. I had a case once where they completely left off the name of the party to be searched on a form search warrant. The case was appealed and the court ruled it was an inadvertent clerical error. Bottom line is that your dad could answer the ticket and fight it by proving he was elsewhere. He has no duty to help the police find you. However, the police have access to all the driver license pictures in your household if they really wanted to get you. The question is whether your Dad is up to the fight? At this point he has little choice but to respond to the ticket.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.