Can I fight a ticket if the officer gave the wrong kind?
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Can I fight a ticket if the officer gave the wrong kind?
Received a speeding ticket today for 75
in a 55. I was working at the time
delivering medical supplies.i own the
van and i pay insurance and gas myself,
not the compamy i work for.i have a
regular license but the offiver gave me
a commercial ticket, he also checked
the box that says i have a cdl not the
box he should of that says
operater/chauffeur. He also made a
mistake and said i was going 26 and
crossed it out and put 20 over. Is this
grounds to fight it since it should of
been a regular ticket and not
commercial plus the mistakes on the
ticket.
Asked on March 28, 2017 under General Practice, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
While you can certainly try, this is likely NOT grounds to successfully fight the ticket: none of the mistakes you allude to would be seen as "material," or important ones. Rather, they have been fixed (e.g. he crossed out and changed the miles over the limit already) or could be easily fixed in court (the judge could correct the ticket to read a regular, non-CDL, license, for example). That being the case, they will most likely not dismiss the case for this; or at most, they might dismiss "without prejudice" (which means they can try again) to give the state the chance to send you a corrected ticket, in which case they'll just reschedule a court date.
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