Will An Error On My Speeding Ticket Lead To A Dismissal?

One of the questions we get from clients quite often is whether an error on the ticket will lead to a dismissal. Plain and simple, getting a speeding ticket can cause a lot of unneeded anxiety, pain and headache. Trying to get out of paying the fines, surcharges and increased insurance premiums is everyone’s first objective. Many times our potential clients believe that just because the officer misspelled the address or wrote the license plate wrong on the ticket means that the case will be dismissed.

Although dismissals may be granted in some cases, the vast majority of facial errors on a ticket will not lead to a dismissal.

Errors that could lead to a dismissal

  • Date the ticket was given
  • Wrong VTL section
  • Insufficient information on the Supporting Deposition (non-TVB only)

Errors that don’t matter

  • Car color
  • Vehicle type/model
  • Speed
  • License plate number
  • Address / location

If you think that your case will be dismissed do not make the mistake of not showing up to court or consulting with an attorney about your case. If you fail to respond your license will be suspended and you could get charged with a crime if you are caught driving while suspended.

A police officer who pulls you over is just looking to charge you with a violation. The police officer many times does not know how much the fines and fees are and if there are points associated with the ticket. The court handling your case is in charge of applying the law to your case.

Remember that the police officer’s job is to issue you a ticket and appear as a witness against you in court. The officer is not your friend and is not going to help you fight your case. After you are charged with a violation the majority of police officers just want to move on with their day and avoid any confrontation on the side of the road. Do not rely on what the officer tells you after he/she has pulled you over on the side of the road because many times that information can be incorrect and there is nothing else you can do about that other than researching your options through an attorney.

There is plenty of misinformation out there that may be supplied by a friend or may be something you may read on the internet. Contacting a licensed attorney in New York will mean that you are talking to a professional that knows the law and the penalties with respect to your case. One mistake on your traffic ticket usually does not mean your case will be dismissed. If you have received a notice to be in court (in most cases on the ticket itself) that means that you have likely been properly identified.

One of the other common mistakes by drivers that get a traffic ticket in New York is believing that since they are from another state or Canada the ticket will not affect them. The Driver’s License Compact is an agreement made between 45 out of the 50 states in which each state has agreed to share traffic violations with one another. This means that your home state may find out about the traffic violation in New York and apply points against your license.

If you have been issued a traffic ticket in New York, call The Rosenblum Law Firm today for a free consultation about your case. We can help you fight your ticket and explain to you how your traffic ticket will affect your driving privileges and how much the penalties will cost. In many cases in New York there are separate fines and surcharges that may apply to your case.

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View Comments (142)

  • Hello, I was pulled over today for spending. The police officer never told me how fast, but I know it was 10-15 over the speed limit of 35. When he handed me my ticket there was nothigh written on there but a court date.

  • I go to a ticket last night for speeding 68mph on a 35mph but I don't think I was speeding. I checked the ticket and the officer wrote down ID license number but it looked like it was crossed the first three number and again he wrote the ID number is that something that will help me out get the ticket dismissed?

    • Tony - unfortunately, minor clerical errors will not warrant the dismissal of a ticket. However, there are other methods of contesting your ticket. You may reach us at 888-434-0406.

  • I received a speeding ticket a few weeks ago that has the incorrect address. I've never even lived at the address on the ticket and I'm not sure where it came from, but my current address on my license and the one on the ticket are clearly different. He didn't just misspell a word- it's a completely different address in another city! What are my options?

    • Amanda - I suggest you contest this ticket to avoid the points / insurance implications In order to provide any additional information, I need specific details about the ticket, namely the actual rate of speed, and the location of the incident.

  • If a ticket was physically written in a different town from what is referenced on the ticket is this considered an error worth pursuing? Occurred on I390 NB, ticket states violation occurred in Avon (Livingston county), physical stop occurred in Rush (Monroe County).
    Is there a place to find out what the Loc Code 2650 means?

    • Robert - if possible - please forward us a copy of the ticket and contact us thereafter to discuss. I would like to review this, as it presents a fascinating question.

  • New York City ticket. If the office wrote a ticket for a cell phone violation but the stated place of occurrence of the violation is a non-existent address (e.g., let's say he wrote 500 Smith Street, Brooklyn, New York but there is no such address like that in Brooklyn) is the ticket void?

    • While the ticket is not 'void,' an incorrect location can substantially assist when contesting this ticket. You may contact us for a free consultation at 888-434-0406.

  • I got a ticket in Massachusetts for speeding. The city he wrote on the ticket is about 40 miles away from where I got pulled over. Is this a good reason to contest. I don't think I had a ticket in 4 years.

    • Kat, I suggest you contact an attorney in Massachusetts. As we are not licensed to practice in Massachusetts.

  • I received a dui ticket in Georgia and my DOB, address, height, weight, state, zip code, sex....were all left blank on my ticket. Does this warrant an invalid/dismissal ???

  • I received a 'failure to stop at a stop sign' ticket from a campus police officer and pleaded 'not guilty.' When I received the town court paperwork regarding the 'Appearance/Pre-Trial Conference' with the ADA the 'Officer' listed with my ticketing info does not correlate to the ticket. In fact the officer listed by the court appears to no longer even work for the campus police, but now works for the local police. Is this a big enough clerical error to make a difference?

    • BB - It appears that this may be more than a clerical error - as it goes to the underlying issue of whether the officers will be able to meet their burden of proof.

  • I got a ticket for NO TURN LEFT a there are wrong written informations like number and street, city, state, zip code, licence state, date of birth is 1.6.90, but Im 6 jan 90. and there is no drivers licence number or id number. Im from EU. Policeman told me to send this ticket to court. Should I do it?

    • The court procedures vary based on the location of the incident. Generally speaking, errors on the ticket that are seen as 'clerical,' will not result in the dismissal of the charges against you.

  • Hi,
    I was pulled over for doing 75 in a 65 mile zone. The officer wrote my old address on the ticket. Is there any chance this could get me out of the fine/points?
    Also, how long does it take for points to go away from a record?

    • Unfortunately that is not enough to exclude you from this ticket. This ticket carries a total of 3 points as well as a fine of $150 and a court fee of $93.00. Keep in mind this will also have an impact on your insurance. I suggest you contact our firm for further assistance at 888-434-0406.

  • Ok I know this was asking for attention but I recently passed by a scene in my local town & stupidly joking around gave the officers the bird, I know I know what I immature ignorant person yes I know. My question is the web the officer pulled me out of the car I asked what was the PC and the officer blantly lied & it honestly shocked me on how dirty they were he said his PC was "excessive speed" I gasps and laughed at the comment because I know & even he knows I wasn't traveling near 65 MPH in a 45MPH I can honestly say and my wife is a witness I was traveling cautiously slow due to me see them 500 feet before passing them. On the ticket he didn't write anything on how he determined my speed & he was ON the side of the road outside his car, too me there is no way he can tell how fast I was going the only reason he did was because he was pissy that I gave him the bird & it's incredibly frustrating because I 100% know I was not traveling anywhere near that speed he listed. On another note he checked on the ticket the registered owner was the same a driver meaning me, but the car is not in my name? Is there any loop hole in that? Just curious as I am more than confident my whole case will get thrown out as the officer has no justificatiable reason to initiate the stop in the first place. Thank you & again apologize for my stupidity once again

    • In order to further assist you, please advise us of which court is handling this ticket.

  • Hi,
    I received s ticket today in Chautauqua county for 82 in a 65 and was handed the ticket and a deposition right there. The deposition however doesn't have anything but what speed I was going and where. He didn't write anything under statements or additional... is there anything I can do? This ticket was based off direct observation.

    Thanks

    • Heather - you can contest this ticket by pleading not guilty and setting the matter for trial. I would need to review the ticket in further detail to be able to advise you on the validity of the supporting deposition.

  • I was pulled over for speeding. 35mph in a 30mph zone. The officer told me he was reducing it at the scene and wrote me a ticket for disobeying a traffic control device. Then he told me to plea not guilty. I'm not really sure what to do.

    • Matt - It appears that the officer has given you a 'roadside reduction.' In order to further advise you, please provide the state where you are licensed to drive, as well as the court name.

  • If I received a ticket for speeding and a failure to yield to an officer when he was parked on the left and he pulled me over so I pulled to the left shoulder on a main highway that has left and right shoulders. I called and got nothing that they would call back. Now I have a failure to appear on top of citation. When emailing the judge that his staff never gave me the price or returned calls he emailed me. He stated they sent a letter but in the email he had the wrong address. Do I have grounds to fight this

    • Antonio, while you may have grounds to fight the underlying ticket itself, I would not focus on any arguments relating to notification of the ticket and/or court dates. You should immediatelly respond to the ticket and resolve any outstanding suspension fees (if applicable). You may then contest the underlying ticket.

  • I received a traffic violation last night around midnight for passing another motor vehicle on the left and crossing the double yellow lines, but I had no choice the car in front of me had there hazzard lights on and was basically going 5 mph with some kind of engine trouble. But I see the officer wrote in the violation box violation 1122-a which means passing a bike unsafely. Would this violation be dropped for a technicality?

    • Rob - The court will not dismiss a ticket for a 'clerical violation.' The issue, of course, is whether this will be seen as such an error. The location of this incident will be a significant factor in determining the next course of action.

  • I received a speeding ticket in Municipal Court of Galloway, NJ, that has an offense date of 6/4/17 but the officer signed it and dated it for 6/3/17. The ticket has two different dates on it. Can I get this ticket dismissed? Do I need to appear in court as I live in NY or can I plead not guilty by mail? Thank you.

    • NJ generally requires a physical appearance, although it is possible to avoid this. You pose an interesting argument here - generally speaking - the date of the offense is vital in determining guilt. However, there is a possibility that the judge may view this mistake as 'clerical' in nature. If you forward the ticket to our attention, we may be able to have a more precise answer.

  • I got a speeding ticket today. The cop put ALL of my father's information on the ticket when I was the one driving it, my father wasn't even in the vehicle. There is no information on that ticket regarding myself, everything on there is my father's information, DOB, license number, everything. Do you think the ticket will get tossed out or should I pay the ticket clinic and not deal with a headache?

    • Michael - I suggest that you consider contesting this ticket. However, I would like to clarify certain facts here - particularly the location of the incident, and the circumstances behind this misidentification.

  • Hello, I was pulled over by a state trooper in the state of PA. The officer had informed me that I was doing 65 in a 35. I received the ticket in the mail and it shows that I was doing 72 in a 55? This is was of the officers word. Is this something that should be looked into further? The speed limits changed very closely to each other. 35 to 55 withing half mile of each other. Any help is greatly appreciated.

    • We are not licensed to practice law in PA, and thus would be unable to answer your question.

  • Hi I was pulled over for going 95 in a 70 in ohio and I noticed that the officer put Oklahoma for the state instead of ohio. Could the ticket be dismissed for that or no?

  • Wife recieved cell phone ticket while driving in Suffolk county beach parking lot. Vehicle is 1 month old(2017 Chevy ), and wife presented officer with old, different registration by mistake, showing 2003 Chevy - which is written on the ticket. I traded in 2003 Chevy for the 2017 Chevy last month and switched the plates to the new vehicle. Can the fact that I traded in the 2003 vehicle and don't own it anymore stand up in court and cause dismissal of ticket?

    • Carl - Please clarify how your argument will help negate the fact that your wife received a cell phone ticket - as these matters seem unrelated.

  • I received a 1163a "fail to signal lane change" after he gave me a roadside break because I was speeding but he did not gun me, just assumed. Should I fight this?

    • While you may attempt to contest this, courts are hesitant to further reduce 'roadside reductions.'

  • Hello, brooklyn Staten, NYC

    I got pulled over in what was a bad uarkwd construction scene, for driving in an hov towards nowhere i was trying tk get to. It was a mistake. anyway the cop said he believed me when i told him the school i teach at and how a week ago the hov lane was just a regularlane to get home/work. he gave me back my stuff, but his superior came and took my stuff back and said i had to be issued a ticket. Anyhow, the cop comes back say "don't shake my hand i don't want my asshole sgt to see" he tells me he put the wrong DOB on the ticket and any cop i know can tell me what to do". I asked many many cops, amd they all said he did me a big favor. I would have just paid the ticket, but i listened and now i am allowed to testify on paper and not show up. So far this is what everyone is telling me is supposed to happen. But i really don't know.

    • Jenny - an incorrect date of birth will likely not be sufficient to warrant a dismissal of the ticket against you. While there are other arguments that can be used at trial, Judges will frequently view this as simply a 'clerical' error.

  • I got a ticket in Manhattan for using an electronic device (not calling or texting, just holding on my hand). I am a NJ driver, and the officer didn't write down my license number in he ID section. If I plead guilty and pay, does this mean it won't go on my record?

    • Andrew - your current violation as you have described it is likely a 1225(d) - improper use of a portable electronic device. This violation does not require an active phone call - but rather, any 'use' of the device. The officers failure to properly note your drivers license number will generally be seen as a 'clerical error' - which is insufficient to warrant a dismissal of the charges against you. Pleading guilty and paying the ticket will not prevent points from going on your license. In fact, the contrary is true - paying the fine will be an admission of guilt, and will result in these points being assessed against your license. Finally, please be advised that NJ does not assess points for the first two (2) cell phone violations. However, your insurance rates may be impacted.

      • i am in a similar situation. I am also NJ driver and received ticket holding my phone. They wront NY instead of NJ on my ID information. friends tell me to write not guilty and ask for dismissal due to wrong information.
        i tried to look online, but they can not locate the ticket. what should I do... I did not know there are points for this on my records.

        • Mistakes such as the one you are describing will generally be seen as 'clerical' in nature by the court. As such, they will not likely be sufficient to warrant the dismissal of a ticket. NJ, while assessing 2 points for most moving violations committed in other states, will not add points for the first two cell phone tickets you receive in NY. Whether this ticket will lead to an increase in your insurance rates is not entirely clear. We therefore suggest contesting this violation.

  • I Have a notice to appear in Lindenhurst justice court for defective taillight. The name and the DOB on notice is incorrect. This is information gathered by the officer when he makes the stop. Is this a legitimate ticket.

    • Karyn - while you may contest this ticket, it may be more cost effective to fix the underlying issue and show proof of the repair to the court.

  • NY state speeding ticket.Supporting deposition says general direction of travel "East" but I was traveling "West" Ticket just has my info and violation of speeding. Is this enough to get ticket dismissed?

    • John - this is a highly fact sensitive question that can only be answered by the Judge. The issue becomes whether this will be seen as a 'clerical error,' which will not result in a dismissal of the charges, or rather an error as to the location of the offense - which may result in dismissal.

  • I was recently caught for speeding 42 in a 20. The 20 MPH zone is specifically for school zones, and I accelerated after the zone ended. The officer still wrote me up for a 20 miles zone. Can I fight this? Also, the code on the ticket is for a school zone, but the "area" is checked as residential (School was an option) - a contradiction. lastly, She noted that I had an OHIO drivers license and plates, but both are from IL. Do I can a case at all for dismissal?

    • Daniel - Clerical errors will not lead to a dismissal in your case. You can still, however, contest this violation. The procedures for doing so vary based on the location of the incident.

  • I recently received a ticket for going 51 in a 30. The only charge listed is an 1180d for a "a speed in zone" violation. The officer said I should mail in the ticket. Upon looking at the ticket the violation is marked as a felony and as a result I cannot mail in the ticket and must appear in court. Is it remotely possible that this speeding violation is a FELONY? If not could this error be grounds for dismissal?

    • The speeding ticket can not be treated as a felony. This must be a error by the police officer. That said, however, errors considered 'clerical' in nature will not result in the dismissal of a ticket. I none-the-less suggest contesting this violation to avoid/mitigate the serious consequences.

  • My husband received a ticket for operating a motor vehicle while using a portable electronic device. On the ticket, the registration expiration date is not even close (ticket says 11/30/17, actual expiration is 7/20/2019). Is this enough to get the ticket dismissed (I think I already know the answer but figure I have to try). Thank you in advance for your help!

    • Unfortunately, these mistakes are generally seen as 'clerical' in nature, and would not likely result in the dismissal of your ticket.

  • Hello,
    I received a ticket for operating a motor vehicle while using a portable electronic device. On the ticket, the police officer wrote my last name for my first name and my first name as my middle name and no notation for my actual last name is listed on the ticket. Also, has the wrong year of my vehicle listed. everyone is stating this would be a dismissal but i am not sure.

    • Unfortunately, these mistakes are generally seen as 'clerical' in nature, and would not likely result in the dismissal of your ticket.