Q: I was issued a citation for speeding however the vehicle listed on the ticket is not mine. Can I get this dropped?
Thia was in clay county mn. The ticket also says i was exceeding 70 mph in a 55 mph zone and i was not. The officer even told me i was only going 69.
A: No. An error on the ticket will not result in it being dismissed. But there might be other reasons to keep it off your record.
A: The police officer listing the wrong vehicle will not automatically result in the charge being dismissed. But a good lawyer may use that to support a misidentification defense. The prosecutor must prove to the judge's satisfaction at trial, that the speed was over the speed limit, and that the speed was not reasonable and prudent. 69 vs. 70 mph would make little difference. But it's great that you're thinking about how to fight it. Of course you'll do better with a lawyer, but if you don't want to hire a lawyer; do your best to fight it anyway. Most set a goal of keeping a speed off their driver's license record. There are a few ways to do that. First, we try to work out an agreement with the prosecutor that will accomplish that goal. Those agreements typically include conditions of payment of prosecution and court costs, and no same-or-similar violations for a year. But if they won't agree, then we have a trial. Many defenses can be raised at trial. See my website for more on that, or give me a call.
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