Q: Described car on ticket as black when it is white. Can I get it thrown out?
Daughter 17, 10 days away from having license a year, too many people in car violation.
A:
No, this is not a sufficient basis for throwing out the ticket. Much of the identifying information on the ticket is still correct I presume. The only way such an argument would work is if there was a true question as to mistaken identity. Such would be the case if there was incorrect license information, name information, and other identifying information on the vehicle such as an incorrect license plate.
Your best chance of getting the ticket thrown out would be setting the case down for trial and hoping an officer does not appear. The good news is that this ticket won't have a serious detriment to her. It still constitutes a moving violation but as long as she gets court supervision, she should be fine and her license shouldn't be affected greatly.
If your daughter has had tickets in the past, I would recommend scheduling a consultation with a traffic attorney since it is very easy to suspend a license when under 21 years old.
Lastly, know that she will likely be unable to have more than one friend in the car for a longer period of time as a consequence of this violation.
Hope that helps and if you have any additional questions, please visit my profile and reach out to my office.
Sincerely,
Jason A. Wilkins
Attorney at Law
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