Q: I got a tkt with the wrong car color, the color of the car that was speeding and pulled over too. Is it dismissable?
The cop slowed and turned his lights on infront of the car that was speeding. I was able to immediately pull over when the cops lights went on and he started his U-turn, so did the car that was speeding. It was a couple car lengths in front of me. I pulled behind parked cars and the other car in front of them. The cop stopped behind me. He didn't tell me how fast I was going, I explained I knew the speed limit and was from the area. He took my info and went to his car. When he came back he gave me a ticket for 26 miles over the limit and had the wrong color car on it. The color matched the other car, that pulled over. I tried to ask how he thought I was going that fast, yet able to pull over immediately, behind parked cars. But the ticket was written, so it didn't matter and I don't argue with law enforcement. Am I able to talk about this with any positive hope, to the judge, and ask for a dismissal?
A: If you go to court, the standard of proof is preponderance of the evidence, so if the officer says you were speeding even less than what he wrote the ticket for you will still have a judgment on your record and likely increased insurance rates. You should consider hiring an attorney who can discuss the situation with the prosecutor, before it goes to court.
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.
