Officer put wrong date on ticket

[Enraged21]

So here is what happened...

I was out hooning around 3 am and brought a friend along a couple weeks ago. I came to an empty parking lot (or that I thought was empty) that was only full of 18 wheeler trucks. I only hoon around for about 10 minutes and then leave the lot. As I'm exiting the lot, I see an officer pull up right behind me. I knew I was screwed as soon as I saw those red and blue lights. But luckily the officer let me go with two tickets. I'd rather take two tickets than get my car impounded.

Date of infracture: SATURDAY 7/13/13

Now one of those tickets was for not changing my address on my license (within 10 days of moving). The officer dated that citation SATURDAY 7/13/13.

The other ticket was for reckless driving. The officer dated that citation SATURDAY 3/13/13.


Now March did not have a saturday the 13th. So that can be disputed.
Since the officer wrote the wrong date on the other citation, that has led my license to being suspended. I just found this out today while trying to pay for my tickets.

According to TicketClinic.com, I have to call the officer to fix the situation. So far I have contacted the sheriff's office and left a message for 'said' officer. But I don't know if he will return my call.

What else can be done to fix this situation? I'm freakin out

[pmdc]

I'd keep driving and bugging the PD about it. If you run in to trouble for driving with a 'suspended' license, just lawyer up. Can they even give you a ticket for reckless in a parking lot there? It's private property... my dad taught me how to drive manual in a parking lot when I was 15. A cop pulled up to see what we were doing, and just said 'be careful', smiled and was on his way. Couldn't ticket us. This was in Ontario, tho...

I'd imagine you can get the reckless dismissed anyways, since the officer goofed on the paperwork.

[SpyderDan]

You need to contest the reckless driving ticket with the wrong date. You've got nothing to lose by trying, and this one should be easy.

You need to go to the court, post bail for the ticket, and get a court date. The ticket could get dismissed if the cop doesn't show up to court, or even if he does show up it could still get dismissed for his failure to get the date right. He is the witness against you, and his inability to get the date of the incident right puts his testimony in a bad light. Also, if this lot you were hooning in was private property (which is why he waited for you to pull out on the street before stopping you), that is another reason you could get the ticket thrown out.

I don't know the specifics of the laws in your state, but you also might want to try to postpone your court date as long as possible via taking as many extensions as allowed and changing your court date as many times as allowed (usually once) as late as allowed. You can push out the date by several months this way, and this may make the cop less likely to show up, and less likely to be able to recall the incident clearly, which will work in your favor.

Worst-case scenario, you lose and you forfeit the bail (the same as if you had just paid the ticket) and ask to go to traffic school (assuming you haven't done traffic school in the last 18 months).

[thill]

I would probably consult with a lawyer in your state that specializes in traffic law. Seems like you could get this thrown out, but I am just some random guy on the Internet so what do I know.....

[OrbitalEllipses]

Originally Posted by thill

I would probably consult with a lawyer in your state that specializes in traffic law. Seems like you could get this thrown out, but I am just some random guy on the Internet so what do I know.....

You did stay at a Holiday Inn last night, though, didn't you?

[pmdc]

Originally Posted by thill

I would probably consult with a lawyer in your state that specializes in traffic law. Seems like you could get this thrown out, but I am just some random guy on the Internet so what do I know.....

There's also a good chance you can get the other ticket reduced, depending on how busy the court is in your area. In Toronto they'll reduce just about anything short of a DUI or lose-your-car-go-straight-to-jail speeding ticket to a minor offense just to keep court cases low.

[Enraged21]

So should I go ahead and pay for the incorrect address ticket?
And then consult with a lawyer first? Or just make a court date?

[thill]

Originally Posted by Enraged21

So should I go ahead and pay for the incorrect address ticket?
And then consult with a lawyer first? Or just make a court date?

I would consult with a lawyer before paying anything at this point. Some of those incorrect address tickets can be reduced or thrown out if you can prove that you have addressed it.

[gily25]

Was the parking lot a rest stop or weigh station? That's part of the highway and subject to the same traffic rules usually. Even if you are disputing a suspension your driver's license is still suspended, should you be pulled over while this is the case you could potentially be arrested FYI. A lawyer may not be able to extract you from the situation without a hearing, your license will still be suspended until that hearing unless you pay. Was a hearing date set on the suspension? If so try to find out who the court or DMV officer is and contact that person instead of the officer. Did you own the car on March 13, 2013? If not then that will be of value in your defense. Usually with suspensions you can go to the DMV and pay and have them reversed, if this is an option I would do that so you aren't faced with any difficulties. There may be a phone number and you call and have to pay over the phone via credit/debit card, doubtful if it is a web service if you are in severe penalty. Pulled from FL DMV website, looks like you would fall into the failure to pay category and it's a $60 fee. http://www.dmv.org/fl-florida/suspended-license.php Note that if you pay you may be faced with a gaggle of insurance issues, it wouldn't hurt to consult an attorney a consultation is usually free, check the florida bar website for someone who practices DUI cases, they'll usually have court contacts and can help you.

[Ryaquinn]

The reason your license is suspended and you are not able to pay the ticket online is because reckless driving is a criminal offense which will require a court appearance.

Also, the date being wrong on the ticket will not stop its consequence, the officer has the right to amend any ticket and he will just fix the date.

[Enraged21]

Originally Posted by gily25

Was the parking lot a rest stop or weigh station? That's part of the highway and subject to the same traffic rules usually. Even if you are disputing a suspension your driver's license is still suspended, should you be pulled over while this is the case you could potentially be arrested FYI. A lawyer may not be able to extract you from the situation without a hearing, your license will still be suspended until that hearing unless you pay. Was a hearing date set on the suspension? If so try to find out who the court or DMV officer is and contact that person instead of the officer. Did you own the car on March 13, 2013? If not then that will be of value in your defense. Usually with suspensions you can go to the DMV and pay and have them reversed, if this is an option I would do that so you aren't faced with any difficulties. There may be a phone number and you call and have to pay over the phone via credit/debit card, doubtful if it is a web service if you are in severe penalty. Pulled from FL DMV website, looks like you would fall into the failure to pay category and it's a $60 fee. http://www.dmv.org/fl-florida/suspended-license.php Note that if you pay you may be faced with a gaggle of insurance issues, it wouldn't hurt to consult an attorney a consultation is usually free, check the florida bar website for someone who practices DUI cases, they'll usually have court contacts and can help you.

So i just contacted a lawyer, and while they ran my ticket number and license number, they did confirm the wrong date on the ticket BUT my license is not suspended?
I actually bought the car March 19th so that definitely would help.

Now should I get extentions on my tickets? Set a court date and dispute this ticket in court?
I'm not sure if it would be worth taking to court or just paying them. I definitely don't want my insurance going up.

Originally Posted by Ryaquinn

The reason your license is suspended and you are not able to pay the ticket online is because reckless driving is a criminal offense which will require a court appearance.

Also, the date being wrong on the ticket will not stop its consequence, the officer has the right to amend any ticket and he will just fix the date.

The lawyer office also stated, when they ran the ticket number, that it was a careless driving ticket. Not a reckless driving ticket. The officer might have to amend the ticket and I'm not sure wether I should still dispute this in court or not.

[Ammonia]

Originally Posted by Ryaquinn

The reason your license is suspended and you are not able to pay the ticket online is because reckless driving is a criminal offense which will require a court appearance.

Also, the date being wrong on the ticket will not stop its consequence, the officer has the right to amend any ticket and he will just fix the date.

I was just about to post this. Sorry OP.


Edit: Oh it wasn't reckless driving? Then the plot thickens.

[Ryaquinn]

Officer has burden of proof..and in some cases a camera. Lol

[Enraged21]

Originally Posted by SpyderDan

You need to contest the reckless driving ticket with the wrong date. You've got nothing to lose by trying, and this one should be easy.

You need to go to the court, post bail for the ticket, and get a court date. The ticket could get dismissed if the cop doesn't show up to court, or even if he does show up it could still get dismissed for his failure to get the date right. He is the witness against you, and his inability to get the date of the incident right puts his testimony in a bad light. Also, if this lot you were hooning in was private property (which is why he waited for you to pull out on the street before stopping you), that is another reason you could get the ticket thrown out.

I don't know the specifics of the laws in your state, but you also might want to try to postpone your court date as long as possible via taking as many extensions as allowed and changing your court date as many times as allowed (usually once) as late as allowed. You can push out the date by several months this way, and this may make the cop less likely to show up, and less likely to be able to recall the incident clearly, which will work in your favor.

Worst-case scenario, you lose and you forfeit the bail (the same as if you had just paid the ticket) and ask to go to traffic school (assuming you haven't done traffic school in the last 18 months).

If I set a court date, will that void having to pay the ticket within the 30 days? If I keep postponing the ticket, does that keep postponing the days I have to pay? I've never done it so I have no idea.

For some reason I cannot elect to get a 30 day extention on the ticket. That's probably because it was dated incorrectly in March. I'd like to pay and get rid of the ticket now than have to worry about it later but if helps from my insurance raising, then I'd rather dispute it. Don't want to dispute it if nothing happens.

The officer can always endorse the correct date on the ticket.