29 May What Happens if a Cop Writes the Wrong Name on a Ticket? 20 Tips
What Happens if a Cop Writes the Wrong Name on a Ticket? 20 Tips
There are those people with names that are misspelled regularly, which means that it is likely they could suffer the same fate when being issued with a traffic ticket. One of the most common questions when it comes to traffic tickets, as revealed in discussions over at ny-defense.com, is what would happen if a cop writes the wrong name on a ticket? Through the following 20 points, this article will attempt to answer this question.
You will have to options in terms of the course of action to take
If you were to find yourself in such a situation, you may either:
Ignore the ticket
As outlined over at ny-defense.com, one of the things you can choose to do if you find yourself in such a situation is to ignore the ticket entirely under the guise of, “This is not my name, and, therefore, I don’t need to take care of this ticket”
Attempt to get the ticket corrected
The other course of action you could take is to attempt to have your name on the ticket corrected. According to ny-defense.com, this is the best course of action as you will have a much easier time getting the citation taken care of if you decide to have your name on the ticket corrected rather than if you decide to ignore it.
Why you shouldn’t ignore the ticket
It is also important to note that ignoring the ticket under the guise that it isn’t your name on it would be folly since there is always going to be other information on the ticket that lets the justice system know that it is you – the recipient of the ticket – that needs to pay for it, and not someone else.
Increased fines and surcharges
Ignoring the ticket is a bad move since ta can also lead to other consequences. For instance, the cost of the traffic ticket and its penalties could increase. This means you could end up paying a lot more for it as compared to the amount you would have coughed up had you not ignored it.
There are lots of other consequences that could come with your decision to ignore your ticket as a result of a misspelled name. They include having your driver’s license suspended or even losing it completely, losing your car, and/or having a warrant of your arrest issued as a result of you failing to appear in court.
Other information on the ticket could be used to connect you to the ticket
As already stated, there is lots of other information on the ticket that could let the justice system know that it is you who needs to pay for it. From discussions on the same at ny-defense.com, this includes information such as your driver’s license number, your birthday, address, your car’s make, model, and color, as well as your license plate. Therefore, while your name may be incorrect, all this other information can be used to connect you to the ticket in question.
The judge will overlook simple mistakes on the ticket
Simple mistakes such as a slightly misspelled name, among others, can be overlooked by a judge because of the presence of all the other information mentioned in the previous point. A court/prosecutor/judge can, therefore, be satisfied that it is you on the hook for the ticket, even if your name was misspelled.
The issuing office could end any doubt
As an example, if David Smith who drives a green car were to claim that the ticket written to David Smite in a green car was not issued to him, the issuing officer could be in the courtroom and would identify the person in court as the driver of the vehicle, ending any doubt.
Small mistakes don’t lead to dismissals
As ny-defense.com points out, small mistakes leading to the dismissal of charges is simply another traffic court myth. As has already been mentioned, the sheer number of additional information on the ticket means that one or two mistakes, including a misspelled name, are unlikely to lead to a dismissal.
Why does the myth exist?
The myth mentioned in the previous point likely comes from parking tickets where small errors on the ticket are much more damaging than errors on a traffic ticket. People tend to think that parking tickets and traffic tickets work the same, hence why they assume that errors on traffic tickets can lead to a dismissal.
Parking tickets are issued to vehicles, hence accuracy is crucial
As outlined at ny-defense.com, parking tickets are issued to a vehicle, not a person. Therefore, if the vehicle is not identified exactly, then there will be legitimate questions about the ticket itself and which car was allegedly parked improperly.
Parking tickets lack the additional information of traffic tickets
Since parking tickets are issued to a vehicle, there isn’t any additional information, such as an address, date of birth, ID number, etc. that could be considered. This is why minor mistakes, like a misspelled name, are a lot less weighty when it comes to traffic tickets as it is easy to connect the ticket to the accused using the additional information on the ticket.
Mistakes can be helpful
While mistakes on a traffic ticket may not mean an automatic dismissal as already mentioned, sometimes an attorney can argue that perhaps the issuing officer was distracted or similarly mistaken about the underlying violation itself.
Look at the ticket closely
Given the points made in the previous point, it is worth looking over your ticket carefully, and if you find mistakes, the top-rated ny-defense.com recommends letting your attorney know, rather than using the mistakes as an opportunity not to show up in court. Look at your ticket closely and let your attorney know if your name has been misspelled.
Additionally, multiple small mistakes on a traffic ticket can lead to the argument that the issuing officer may have been distracted or mistaken holding more weight in the eyes of the judge, making it more likely to succeed.
The legal system is not rife with technicalities and legalese
Many people think that the legal system is rife with technicalities and legalese and that somehow, a misspelled name, or any other minor mistake as covered over at ny-defense.com, can ruin an otherwise sound case. But that is not how it works, which is important to know in case you are thinking of ignoring your ticket because of a mistake.
How to get your ticket fixed
The good news is that, if the wrong name was written on your traffic ticket, then it is quick and easy to fix. All you have to do is show up in court on the date you are supposed to show up and then complain about the mistaken ticket. Once you do that, the court can usually amend the ticket – that is, simply correct it to ensure that it reflects the correct name.
It is important to show up in court
Even if the issuing officer writes the wrong name on your ticket, it is still crucial that you show up in court when the date comes according to ny-defense.com. This is because, regardless of any mistakes, you should remember that the ticket you were issued is simply a description of a charge against you and a notice for you to appear and answer that charge. Any mistakes made in the ticket don’t void that charge.
What if the officer gets the appearance date wrong?
It is also worth noting that the only possible way mistakes could matter is if the officer wrote the wrong appearance date on the ticket. If they wrote for you to appear on the 10th when the court date was on the 4th, you would inevitably show up late, but the court would probably forgive you since you had good cause to be late, and you would then be rescheduled for a later date.
Of course, there are extreme cases where massive errors occur on tickets, like where the issuing officer writes the wrong name, address, license number, and care description all on the same ticket. This could be as a result of the officer accidentally getting his information from a previous traffic stop. In such a situation, if that ticket was submitted to the system that way, then there is a chance it may go away. However, you should still show up in court as there is a chance that the actual ticket was not handed to you – but still existed somewhere – and could result in serious consequences if the traffic ticket was completely ignored.
As the above discussion shows, when a cop writes the wrong name on your ticket, the best option is to appear in court, as it is the quickest, easiest, and cheapest option according to ny-defense.com.