Q: First time pulled over and ticket for speeding. Cop wrote wrong car info. What do I say to fight it?
I received a speeding ticket a few days ago in the afternoon. The cop wrote a black ford. But I was driving a black Chevy. I talked to a couple family friends that are cops and they said to fight it. It’s my first time getting pulled over and first time getting a ticket. What would I say to fight the ticket? I don’t own a ford or ever driven a ford? And he must’ve clocked another car around me?
A: The wrong car listed on the ticket will not result in the case being dismissed unless there was a Ford at the same place you were and the officer admits to pulling over the wrong car. If he simply wrote down the wrong make, the scriveners error can be corrected at any time until the case is closed. The standard at a trial is preponderance of the evidence, so if the judge believes the officer just a little more than you, you still lose. You should consider consulting with an attorney who can use the wrong make in negotiation with the prosecutor to keep points off your record.
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