Q: If my car is gold and they said it was black on tickets issued can I get out of those?
Pulled over and ticketed for possession of marijuana and paraphernalia.
A: No. Dream on.
A:
Hello Asker,
Regrettably no. It will not likely succeed. This is because the state's attorney can correct issues with the ticket up to the point of trial. Not to mention that it is one minor detail. Since the officer did correctly identify you and has all of your license information correct, it is clear that they will be able to prove they correctly identified you. Otherwise, how would the officer know all that other identifying information about you like your license number or eye color.
Only when there are major discrepancies with the identification can it realistically provide a defense. In this scenario, they have you dead to rights in terms of identification.
That said, you can contact an attorney and ask if a motion to quash the stop (challenge the legal basis of the stop) may be possible. If you weren't committing a traffic violation (unlikely as it may be) and they didn't have a tip or something to clue them to the fact that you were committing a crime, the court could make the drugs and paraphernalia inadmissible but that is unlikely to happen as it is easy for an officer to show a traffic violation occurred to justify the stop.
Hope that helps clarify things and let us know if you have any other questions!
Jason A. Wilkins
Traffic Attorney
(630) 445-2293
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.
