Q: if my speeding ticket says im driving a pontiac firebird but i was driving a chevy camaro can i beat ticket in court
A: That is not going to be a silver bullet. Those sort of errors occur and don’t mean that the state can’t prove you guilty. The traffic stop is likely on a dash cam and will show what kind of vehicle you are driving.
1 user found this answer helpful
A: Maybe. The issue maybe the identity of the speeder. The police officer may have seen a speeding vehicle. But that may not have been your vehicle. This is an identity defense. If the police officer identifies a different vehicle than yours, that evidence supports that defense. Your lawyer would likely not mention this to the prosecutor, but save it for trial.
1 user found this answer helpful
A: No. The traffic stop is on video. The fact that the officer put the wrong kind of car on the citation will not be a silver bullet.
Tim Akpinar agrees with this answer
A: It would not make it an easy win. I would be able to carefully use that to a client's advantage, however.
A: My past traffic clients have wanted to keep the violation off of their Minnesota driver's license record. And I've been successful in helping them do that more than 90% of the time. Therefore, I would say: yes, it's possible. The defense is not obligated to give the prosecutor a heads-up about a mistake the police officer made. Save that surprise for the trial. The legal issue such a mistake relates to is "identity." "Sure, maybe someone was speeding, who knows? But there is not evidence beyond doubt that the defendant was speeding, your honor."
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.
