Last night I was issued a ticket for "Boarding passengers in lane of traffic"- I drive part time for Uber and had a pickup in which, while I was stopped at a red light, my passengers found my vehicle and hopped in.
Upon reviewing the ticket, I noticed that the date was written incorrectly. The ticket as written says the offense occurred at 1:44AM, April 29th,
In reality, I was stopped at 1:44AM on April 30th. I believe I can reasonably prove that at 1:44 on the 29th, I was at home in bed.
Will this be enough to get the ticket kicked?
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Answers & Comments
It MAY be enough to void the ticket you already have. At which point the officer will issue you a new citation with the correct date, and the judge will accept the GUILTY plea you used to contest the original ticket.
no ...clerical error are not a get out ....
No.
There was an issue that came up, not quite similar but on the same vein.. on the Rule of Law show at www_logosradionetwork_com. That issue was what to do if the ticket has the wrong name or something misspelled on the ticket and you have to go to court. That was on a Monday night Rule of Law show dated: ROL_2016-03-14 Jump to 1 hour 25 minutes into the broadcast and listen to SONNY IN GEORGIA.
Sonny had a summons that had an incorrect middle name on it. The show host explained how to handle a wrong name on a ticket in court and how to object to the court changing things there on the spot and running one through the entire process the same day in court. The show host said by objecting properly in court, (and he said how to do it) the court would have to reschedule the ticket for another date. The work or the hassle involved for the court to reschedule that would often cause the court to just throw the ticket out. It wasn't a guarantee but it was possible that sort of ticket would be dismissed. If it didn't get dismissed, then that allowed the person more time to prepare to win in court when he appeared again. Go to the website Logosradionetwork_com and download the Monday night rule of law shows semi-recent shows. Listen to those, or call in on Monday night if the show is live. It starts at 8 pm Central time after a news break. You could try calling into the show and ask your question as well. Call in right at the start of the show if at all possible.
I don't know where in the world this happened but looking at your answers, you might be from Michigan. Here's some other advice.
1. Determine if this is a Civil charge, research everything about it.
IF THIS IS A CIVIL CHARGE, DON'T EVER ENTER A PLEA IN A "CIVIL" CASE
So, how do you plead? You don't ever enter a plea! but you don't ever refuse!
"Judge, I cannot enter a plea as no evidence or information relating to the accusations have been presented to me. I cannot in good conscience enter a plea at this time. Is the court willing to compel an unconscionable plea from me or enter an unconscionable plea on my behalf and waive my rights against my will?"
They only gain jurisdiction to enter a plea on your behalf if you refuse. You are not refusing. And you are going to make sure everything is on the record showing "I am not refusing to enter a plea, but I have not been given any notice of any kind as to what I am being charged with, no one has served me with a copy of a complaint, a charging instrument, anything. For all I know, you guys are trying to get me to enter a plea to murder, I have no idea."
COURTS MAKE AN ALL OUT ATTEMPT TO GET A PLEA ENTERED
To remove legal weapons from you such as appeals.Even to the point where the judge enters a plea on your behalf. The entering of a plea waives several rights to appeal the decision later. You cannot appeal on the right of "notice" you cannot appeal to challenge personal jurisdiction & to challenge the form & substance of the charging instrument and the underlying complaint
CHALLENGE JURISDICTION - ALWAYS
Once in court and they call your name, before acknowledging your name IN ANY WAY you must challenge jurisdiction. Otherwise you are waiving personal jurisdiction. (read up on those terms) You must always challenge jurisdiction. Every time you go to court challenge it. You must also do this if you are arrested and taken before a magistrate (every time.) When you challenge jurisdiction, the court is now under the burden of proving they have jurisdiction. (It's good to make them work)
"I am here by special appearance to challenge jurisdiction in this matter"
2) NEVER follow the directions on the back of the citation, such as to go on line etc. That's a trick for you to waive protected rights.
3) Get prepared to win in court before your court appearance.
4) Learn how to challenge jurisdiction, first thing in court. One must do that every time they appear before a magistrate. When you do that, the court is required to prove on record that they have jurisdiction.
5) Don't make a plea in a civil case. Know what to do ahead of time to not make a plea.
6) Do not have an attorney represent you in court. They will enter a plea and there's nothing for you to do about it. They are afraid of the judges since they can prevent them from working at that court. Entering a plea is one tactic the court uses to prevent people from appealing the decision later. Attorney's go along with it, because they can hide the fact from the clients, knowing that they won't have to do any work later to appeal a decision makes their job easier.
7) You have more power in the courtroom representing yourself than an attorney has. But you must prepare to win.
8) FREE resource: Listen and or call in to a legal show that deals with this stuff Rule of Law on www_logosradionetwork_com they have live call in shows on most Monday, Thursday and Friday nights starting at 8 pm central time. Monday shows deal the most with this subject. Call in any night you can get on and call in multiple nights if you can or need to.
9) Take the www_HowToWinInCourt_com Jurisdictionary course
FIGHT ALL TICKETS BUT GO IN PREPARED TO DO SO!
The burden of proof is on them. Don't pay attention to the police that say they'll believe the police in court (not all jury members like police and tickets). Make it difficult for them to take your money. Few come prepared to deal with legal issues in court. They pay ahead of time
GET PREPARED TO GO TO COURT, STARTING TODAY. Put some effort into it. I'll recommend calling Rule of Law and get some advice on how to prep for court. Listen to their live show and call in on Mon. nights. You may also try calling in on Thurs. & Fri. www_logosRadioNetwork_com have a sound recorder going & take notes. Have your friends or relatives listen in as well and help you. Read the Cross examination practice script in the sources below to get an idea how to question Danno on the witness stand. Take it to a Jury trial if necessary.
The burden of proof is on the prosecution. You're NOT GUILTY just because Danno wrote a ticket. They have to prove it in court or you give up first. The fact of the matter is, you were probably not guilty of the offense at all until you handed over your "driving" documents. If you weren't in commerce on the public road, they managed to trick you into being under a law because you didn't know better. Going down the road in your "car" to work, or school or down to get a carton of milk for your children is not "driving" in a legal sense of the word.
COPS AND COURTS AND POLITICIANS USE THE SAME WORDS,
BUT A DIFFERENT DICTIONARY THAN YOU DO
Here's tutorial on legal word games played by cops, courts, politicians and attorneys:
A driver - in law = someone using the public road for hire, for commerce
An operator - in law = the same thing as a "driver"
a Vehicle - in law = something used in commerce on the public road, for hire. Using any of those words in a statute, make it apply to "commercial activity"
DOUBLE SPEAK USED TO DEFINE "DRIVER", "OPERATOR" AND "VEHICLE" IN
STATE STATUTES TO HIDE THEIR REAL MEANING:
Michigan statute:
257.13 “Driver” defined. Sec. 13.
“Driver” means every person who drives or is in actual physical control of a vehicle.
HOW THE STATES LEGALLY CONVERT PEOPLE TO FINE THEM UNDER SEAT BELT OR SPEEDING STATUTES - A REQUEST FOR "LICENSE AND REGISTRATION" USED AGAINST YOU IF YOU COMPLY
States purposely hide the legal definition of words like "driver", "operator", "vehicle" If you look at the statutes, they say all sorts of things about "drivers" and "operators" and those people get fined. Unless you were using the road "for hire" the cop didn't really have a reason to pull you over. However, if you turned over your "drivers license", 'registration", or proof of insurance, then that legally meant / converted you to being a "driver." Or saying in conversation with the cop that "you were "driving"" is also evidence. That's the reason they ASK for those documents "first thing" at the side of the road: "License and Registration." They are looking to convert you to a "driver" under the speeding laws. Something that they can regulate.