3 Reasons To Have Your Traffic Ticket Dismissed (Thrown Out Of Court)
© 2000-2014 by The Law Offices of Jason A. Diamond, P.A./ The Traffic Ticket Team, All rights reserved
In the old days, cops had to hand write their traffic tickets. Fortunately, most cops are like doctors and have illegible handwriting. I say fortunately, because this was one of the best ways we could get tickets dismissed. It's called, Due Process. Basically, a person must clearly understand the charges against him. If you can't read the ticket, you can't know the charges against you. Unfortunately, about eight years ago many police officers started using computers in their cars to print out tickets. The good news is that they still screw up and we know what to look for. There are several reasons a judge might dismiss your speeding ticket.
1. Wrong Traffic Statute:
The traffic statute is listed to designate which law was broken. There is a statute for almost everything you could think of. Every citation needs to have a traffic statute on it. If the Florida Statute number is missing, incorrect or un-readable, the traffic ticket could be dismissed by the judge. Sometimes, judges will permit the officers to amend the ticket in court before a hearing. But, most of the time, if there is a problem with the statute number, we can have the ticket dismissed.
2. The Ticket is Not Completely Filled Out:
Cops are human and like everyone else, they make mistakes. Some mistakes are bigger than others when it comes to filling out traffic tickets. For example, if the officer describes the car as black and its really navy blue, it's probably not going to get the ticket dismissed. However, if they enter the wrong drivers license number and incorrect name, this could very well be a great reason to have the ticket dismissed. Other possible fatal mistakes are not listing a county, no date of birth and forgetting to include the Florida Statute number that was violated. This happens more often than you think because there are so many different traffic laws. You can read a few for yourself online by looking at Fla.Stat. 316.
3. Wrong Tag Number:
Like mentioned above, having all the correct information on the ticket is important. Often times, if we can go to court and prove that the tag number of the car that our client was driving was different from the one on the ticket, we can get it dismissed. Just like a criminal case, the burden of proof is beyond a reasonable doubt. Thus, if we can show that the tag number of the car is not the same as the tag number on the ticket, we can often get the ticket dismissed. This type of information is crucial to establishing that it was your car that was ticketed. The same applies to the person. For instance, if the ticket it written to Jane Doe and your name is Sally Smith, it can be dismissed. However, if the ticket says you are 5' 9" and you are really six feet tall, that's usually not enough to have the ticket dismissed. In prior blogs I have stressed the importance of being unremarkable. In other words, you want the officer to forget your face and everything else the second you pull away. This is so it will be harder for him to identify you at trial if there is a problem with the ticket. So, to repeat myself, don't argue, don't beg, don't do anything except be as vanilla as possible.
Jason Diamond is the Founding Partner of the Traffic Ticket Team. Jason has been practicing law in Florida for over 18 years. His Attorneys have over 50 years of combined experience and have handled over 1,000,000 traffic tickets in Florida. Jason has given legal ticket clinic seminars throughout Florida ranging from topics on "How to Beat a Florida Traffic Ticket" and "What to do When You Get Pulled Over for DUI in Florida." If you would like Jason to come to your place of business and do a 30 minute clinic, you can contact us 24/7 at (954) 967-9888, Jason@TrafficTicketTeam.com to arrange it.
Jason Diamond, Esq. is the Founding Lawyer Partner of the Traffic Ticket Team. His Attorneys have over 50 years of combined experience and have handled over 1,000,000 Florida traffic tickets. As Traffic Ticket Lawyers we have given traffic ticket legal clinic seminars throughout Florida. To find Attorney locations, click HERE. Our traffic tickets are defended in Miami-Dade, Broward & Palm Beach counties and we also fight traffic tickets statewide.