Q: Can a ticket get thrown out due to contradictions with the charge?
I received a speeding ticket (my first in 10+ years). The ticket says it's for "SPEEDING 36-40 MPH OVER" but below that it says driving 90, posted speed limit 60.... which is 30... not 36-40. Ninety in a sixty is consistent with what the officer stated/alleged.
Even if that doesn't matter... How much trouble am I in?
The court is the Saint Charles Municipal Court on Zumbehl.
A: Any error on the ticket can be corrected at any time. This does not sound like an error. This appears to be a situation in which the police officer wants the Prosecutor to know you were speeding 36-40 miles over but the cop gave you a break by issuing the ticket for only 30 miles over.
You can go to court and plead guilty on your own without an attorney, but I don't recommend that option. If you plead guilty, the judge will sentence you and jail time is definitely a possibility for this high a speed. The better option is to hire an experienced traffic law attorney to try and work out a plea bargain deal with the Prosecutor. I highly doubt that the Prosecutor will agree to amend your ticket to a non-moving violation, but there's always a chance. Or you could get probation with a suspended imposition of sentence.
Most criminal defense/traffic ticket lawyers offer a free consultation.
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.