requesting picture : silver mazda3
August-28th-2005, 09:23 PM
#16
Registered User
Join Date: Dec 2004
Location: originally, Nazareth, PA...now, Newark, DE
Posts: 135
yeah just act all confused and say something like, well the car model here isnt the car that i drive, so he mustve been looking at somebody else....
worst comes to worst you'll have to pay it...might as well give it ur best shot to get the points reduced
worst comes to worst you'll have to pay it...might as well give it ur best shot to get the points reduced
August-29th-2005, 10:10 AM
#17
Registered User
Join Date: Jul 2003
Location: DC metro area
Posts: 866
courts dont determine point system, thats done by your insurance co. if the courts reduce the charges or drop them all together it'll help a bit. remember, judges will side with the officer unless you give them a good reason not to. mistaken identity might be your ticket out of there, but you have to consider if he was tailing you, unique car colors, unique decals/vinyls, in-car photo/video proof, etc.
if you believe it was an honest mistake on the cops part, by all means fight it. if you know you were at fault, you might just end up wasting your entire day in a stuffy, crowded courtroom.
check out http://www.mazda3forums.com/ for more mazda3 members and pics
-meGrimlock
if you believe it was an honest mistake on the cops part, by all means fight it. if you know you were at fault, you might just end up wasting your entire day in a stuffy, crowded courtroom.
check out http://www.mazda3forums.com/ for more mazda3 members and pics
-meGrimlock
August-29th-2005, 11:01 AM
#18
Registered User
Join Date: Apr 2003
Location: New Jersey
Posts: 778
Its not a case of mistaken identity you have no chance of getting off there.
read this I dont think you have anychance of getting off but atleast you can get it reduced.
http://www.magma.ca/~fyst/plead.htm
Your best defence is that the speed limit is too low. "Deliberately setting the speed limit too low, and then sending out cops to sneak behind motorists is highway robbery disguised as traffic safety enforcement... [in a traffic court] the robber is the plaintiff and the victim is the accused..."
read this I dont think you have anychance of getting off but atleast you can get it reduced.
According to popular belief, which may have stemmed from the old Summary Convictions Act, that minor errors* on the ticket will make it void. This is not true anymore. If your name on the ticket is spelled incorrectly, this is not a fatal error. As long as the right person is standing in front of the court, and the police officer can identify you, the name on the ticket does not have to match your name exactly. Other minor errors, such as license plate, the defendant's address, and license number etc. will not affect the validity of the ticket. The error must be major enough in such a way that it will mislead you into preparing a defence. An example would be an offence that is not known to law (e.g. speeding 40 km/h in a 63 km/h zone.) Other fatal errors include missing police officer's signature, missing defendant's name, identification and signature etc. If you are not sure whether your ticket has a fatal error, it is better to plead not guilty anyway. The judge will decide whether the error is fatal and if so, he will dismiss it. Don't assume a small error will void the ticket and toss it out yourself.
Your best defence is that the speed limit is too low. "Deliberately setting the speed limit too low, and then sending out cops to sneak behind motorists is highway robbery disguised as traffic safety enforcement... [in a traffic court] the robber is the plaintiff and the victim is the accused..."
Last edited by zerocover; August-29th-2005 at 11:06 AM.
August-29th-2005, 02:13 PM
#19
Registered User
Join Date: Dec 2004
Location: originally, Nazareth, PA...now, Newark, DE
Posts: 135
personally, i dont think theres any way that argument will work... if he has you on the gun at over 100, arguing that the speed limit is too low will just make u look like a jackass... if the minor mistake thing really doesnt work, then i would just go to court and pray that the cop had something better to do that day and doesnt show up, that seems to me like the best chance you have of getting off
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