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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.

132 thoughts on “Will An Error On My Speeding Ticket Lead To A Dismissal?”

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  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

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