Can I challenge my speeding ticket if the officer failed to put anything in the fine amount spot on the tick.?
This is actually a 2 part question. First part is:
I got pulled over for speeding in Florida (Polk County) doing 41mph in a 30mph zone. The officer cut me a break and wrote me a ticket for failing to abide by a traffic control device. On the citation is says, (and I quote)…
“OPTIONS:
1. Pay a civil penalty in the amount of $_____________ by mail or in person……”
Where the line is to fill in the amount, the officer failed to write anything. Every ticket I’ve received in the past, the officer has written the amount I was forced to pay for the violation. Is this a valid way to challenging the ticket in court?
Part 2 of the question is: I was speeding. I wasn’t breaking the law that he actually wrote me a citation for. I know, he was trying to help me out on the cost by writing me up for something that cost less, but the fact of the matter is, that’s not the law that I broke, and should not be punished for it. Can I bring this to court as an argument?
Any help is appreciated.
October 11th, 2011 at 3:36 am
1. No. Mistakes on the ticket won’t get you out of the ticket. That’s been proven many times before.
2. No. It’s called “copping a plea”. People do it all the time. Besides, the law you broke IS the law he charged you for. The “traffic control device” is the sign that says what the speed limit is, which you failed to abide by.
http://frontline.us.merial.com/prd_how.asp
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October 11th, 2011 at 11:36 am
Yes, you’re liable–you need to call and find out what the fine is. And a speed limit sign IS a “traffic control device.”
http://frontline.us.merial.com/prd_how.asp
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October 11th, 2011 at 7:36 pm
1. The fine part of it doesn’t invalidate the citation.
2. It can be an argument, but if the officer took notes or remembers you, he just might decide to issue a citation for the original charge.
Me
Police Officer
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October 12th, 2011 at 2:36 am
The fact the Officer did not fill out the fine on the citation will not void it.
The fact the Officer wrote you for a lesser offense also will not void the citation. If you plead not guilty to this charge the Officer will testify that you were speeding and he cut you a break. I really doubt the judge will have a problem with this. Also, the prosecutor may amend the citation to reflect the actual charge in court before the trial.
“All that is necessary for the triumph of evil is that good men do nothing.” (Edmund Burke)
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