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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

describe the imageIn 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.

Comments

Was said to be going 98 on a 70 MPH zone in Martin County.  
Citation #: A0MF9QE
Posted @ Sunday, October 27, 2013 10:19 PM by Jorge Jaramillo
I got a ticket for driving on susp license, in Tampa, FL, and the cop took my license. On the ticket, where it asks if my license was seized, he marked "no". Could I get the ticket thrown out for that?
Posted @ Tuesday, December 10, 2013 11:19 AM by rod
I got a ticket by FHP the plain in the air. On the ticket where it asks if my license a CDL. The trooper marked No and I do have a CDL class B. Could my ticket be dismissed?
Posted @ Sunday, February 16, 2014 10:13 PM by Travis
I got pulled over in my moms car & recieved a speeing ticket
Posted @ Friday, February 28, 2014 1:43 AM by Betsy nicole
I got pulled over in my moms car. Recieved a speeding ticket. Only problem he wrote the ticket in my moms name ? What can i do ?
Posted @ Friday, February 28, 2014 1:45 AM by Betsy asencio
Hi, 
I came across you guys and seem very knowledgeable on inaccuracy of traffic situations. 
I JUST got pulled over by a very rude cop, claiming that I had not had my seatbelt on. Mind you, he claimed he saw me JUST buckeling my seatbelt on at the previous street and I was taking a left on another street...while I was driving on this other street he WAITED until I was halfway down, almost about to take a right on a different street. If he spotted me with no seatbelt to begin with why would he had waited until I was halfway down the road? I'm 100% innocent which is why I am so heated. It's only a 60.00 fine, but the cops in this county are so bogus. I was wondering if all cops have dashcame recorders in their vehicles?  
Look, if I was guilty, which I am not, why would I want wait until the courthouse asigns a courtdate for me regarding paying a fine of 60.00? That would be silly. What is happening is not right, and is probably happening to a lot of other people as well. I am a twenty one year old female with an older car, so I am not sure if that would make any kind of difference. 
Thank you so much for your time. 
Breanna
Posted @ Friday, March 14, 2014 1:16 PM by Breanna
I was wrongfully given a speeding ticket on i95 for 70 in a 55. There's no 55 limits where I was. I'm from out of state. It's absolutely ridiculous. The location on the ticket isn't even accurate to where I was. April 3rd was the ticket and I have 30 days to get help to fight this allegation.
Posted @ Monday, April 07, 2014 4:12 PM by Lauren
I was driving within my neighborhood looking for my daughter. No speeding nothing. My son was walking looking while i was driving. I saw my son being flashed with a light and it was an office so i pulled up maybe 2-3 feet away from stp sign and told him to get into the truck and we will drive looking. He said mom i know that guy is going to stop you because he was just flashing the light in my face for no reason while i was looking for Destiny which is his sister. He got in the truck we passed the stop sign. He pulled me over very nasty and as i am looking im still concerned about my child explained to him what me and my son was doing but didnt care. He gave me a ticket for no seat belt minor and soon as my son step in the truck he placed it on. He asked for license explained i ran out the house looking for my child but stated wasn't his concern.To get to the point he gave me tickets that said i have a white UT which i don't i have a dark blue SUV truck. My question is if any information is incorrect on the ticket can i have it thrown out?
Posted @ Wednesday, April 23, 2014 10:42 AM by Angelic Cokely
Just received a speeding ticket, list that I was in a certain county. Now this isn't the correct county that the ticket was issued in. The officer is sending me to a different county to be tried for. Now if I understand this correctly, the ticket states the location of where the citation was issued. In knowing this that location doesn't exist due to the conflict in county names that was listed on the ticket. Is this grounds for the ticket to be dismissed?
Posted @ Friday, June 06, 2014 5:00 PM by Houston
I got pulled over by a Florida Highway Partrol officer but he gave a ticket to the owner of the car I drove. What can we do?
Posted @ Monday, August 25, 2014 10:22 AM by Mark
I got a speeding ticket in a little Texas town 51mph in a 30mph zone/ 3:30am 
The officer didn't mark that I had a CDL 
And also wrote the wrong address on the computer printed ticket. Can I get it dismissed?
Posted @ Tuesday, August 26, 2014 3:27 PM by Brett
i got a speeding ticket in my f150 and the cop didnt post a posted limit or tell me how fast i was going. Also he Put the WRONG car im in a lifted truck he puts down a grey nissan.... any chance of fighting this?
Posted @ Sunday, October 12, 2014 6:59 PM by Mark Saffery
I was pulled over for supposedly running a red light (which i didn't) the cop then found out i had a suspended license once he took it back to his car and ran my plates. He stated that the only reason he pulled me over is because of the fact that i ran the red light. If i can get a dashcam to prove that i didn't run the red light, would both tickets be dropped? Please contact me as soon as possible. I live in Dallas county Waukee iowa 50263.
Posted @ Thursday, October 16, 2014 5:18 PM by Michael
I received a speeding ticket while driving my fathers car. The police officers put my fathers information (address and driver license number) on the ticket. What can I do?
Posted @ Wednesday, November 12, 2014 6:55 PM by Frank knapfel
the cop only wrote 6 of my 7 digit licenses plate number is that enough to get it thrown out?
Posted @ Sunday, November 16, 2014 8:16 PM by jesse
I received a ticket, handed over my information. 
The officer put someone name completely on my ticket including another person name, D.O.B, driver license information, home address etc. What do I do?
Posted @ Monday, December 01, 2014 6:14 AM by Summer
Driving while DL suspended. says on ticket DL not seized. but was.? also if the violation is in realtion to a prior drug possession charge, will that be considered a first offense, or added on to my previous charge
Posted @ Saturday, December 06, 2014 9:55 AM by Bryan Adams
I got a ticket for speeding but he wrote the wrong car and license plate! Can the ticket be thrown out?
Posted @ Monday, December 15, 2014 7:18 PM by Jose colon
on blue heron the school lights are often not working correctly and the police are always lasering people I go that route 2 times a day .I know the school zones and times. two time in the last month they have said I was speeding which I was not !! any one else have same probelm in this area blue heron blvd in riviera Baech fl
Posted @ Thursday, December 18, 2014 10:49 AM by nannette parish
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