Ticket For The Wrong Man!


owldaddy

New Member
I had something weird happen to me that kind of fits in this thread. I went to the DMV to renew my license and was told that there was a warrant out for my arrest, and they couldn't issue my new license. When I asked why the warrant, I was told it had something to do with a truck I once owned that never got registered in the new owners name. Well this person who bought the truck also was driving without a license, and had a tail light bulb out. He gave the cops an excuse to stop him because of the tail light, Since this person knew me, and knew all the info needed to ID himself as me, they just ran my name and everything came out correct, so they issued him a ticket, instead of taking him to jail right there. He also had a warrant out in his name, so he didn't want the cops to know who he was. Anyway I ended up down at City Hall, told the clerk what had happened, and offered to file charges on the punk who put me in this bind. it got it straightened out by only having to talk to the clerk. It was taken off my record that day and I got my license the next day. The punk who did that to me...... was my brother, he was lucky I couldn't get my hands on him, he was already in Orange county jail when I found out about the warrant. Anyway, it was easy to get fixed. Don't hold back.
 

Spunky99

New Member
I had a interesting thing happen about 20 years ago. I'm a Junior and both my Father and I got tickets at about the same time for different things, in different cities and in different cars. They somehow swapped our driver's license numbers and sent us each other's tickets. We went down to the local courthouse in each of our cities and explained that we don't have a vehicle registered to us as in the ticket.
They just dismissed both tickets....
 

husker525

New Member
I realize from reading this that you live a long ways from court, but contesting it on your own should be no problem. In Colorado, all tickets must be personally served, unless it is a red light violation ticket. With photo violations, the driver's face must be clearly shown, and this is matched with Driver's license database photos before the ticket is even sent out.

In court, the officer must postively identify YOU as the violator. Usually this can be done before a trial. Can you ask for a pre-trial identification hearing? They take all of 5 minutes and you can be on your way. A city or district attorney will not take such a weak case to trial, unless there is way more to this story.
 

MikeN02

New Member
I realize from reading this that you live a long ways from court, but contesting it on your own should be no problem. In Colorado, all tickets must be personally served, unless it is a red light violation ticket. With photo violations, the driver's face must be clearly shown, and this is matched with Driver's license database photos before the ticket is even sent out.

In court, the officer must postively identify YOU as the violator. Usually this can be done before a trial. Can you ask for a pre-trial identification hearing? They take all of 5 minutes and you can be on your way. A city or district attorney will not take such a weak case to trial, unless there is way more to this story.
Have no idea about how to go about doing any of this as this is the first time I'm going to court. My hopes is that he'll say that I wasn't the one on the camera or not show.
 

Bigevildoer

New Member
I was not bashing Attorneys as they have their place and we do need them from time to time.
Little known fact... the USA has more lawyers than the REST OF THE WORLD COMBINED :eek:

Holy litigious nation Batman...
 

MikeN02

New Member
Little known fact... the USA has more lawyers than the REST OF THE WORLD COMBINED :eek:

Holy litigious nation Batman...
Didn't have to mention that it was a fact and I would have believed it. People sue each other over the most ridiculous stuff in the USA.
 

MikeN02

New Member
Just a little update on this, I went to the small court house which is about 30 minutes away from my house. Took the cager of course which ate some gas...

Talked to the desk lady and told her the situation and she said the only thing she could really do is give me the papers for a court date.

I requested a court date with a Hearing Official and so I have it on August 31 at 2:30 PM.

She did confirm that the ticket was mailed to me.
 

dart1963

Super Moderator
Elite Member

jotapeh

New Member
This will get dismissed within minutes of you walking into court, without a doubt. Incorrect bike model and year, and a place you have never travelled to.

Pretty much open and close case, at least up here in Ontario even just the wrong bike/model/year would be enough to dismiss the charges entirely.
 

MikeN02

New Member
Update on this: I'm going to court in a couple of hours, hope this turns out well.

Seriously should get some money out of this for emotional distress as I wasted my time and money to be here even took a day off work.
 

dart1963

Super Moderator
Elite Member

Detrich

New Member
good luck mike!
 

MikeN02

New Member
Warning this is a rant and strong language. You have been warned.








Motherfucking ass cops I swear. Apparently my brother whose a dumbass got a motorcycle and put it under my moms name.

They tried to wave down the guy on the bike but he didn't stop so they traced the tag to the person (my mom) and saw that I was the only one in the house that has a mc license.

And apparently I was the person he saw even though it wasn't me.

I don't have any witnesses where I was at that day cause I didn't think it would be a special day.

So now I'm convicted as guilty
 

Diluted

Super *********
Elite Member

dart1963

Super Moderator
Elite Member

Detrich

New Member
that's totally f'd up... but wait- so, it was your brother then that is the guilty one??

maybe it's time to have a family meeting and make him cooperate on the appeal, pay the fine, and accept the responsibility for the ticket...

what are the consequences of being guilty? point on driving record + fine? did the judge tell you?
 

creggur

New Member
Two things: Number one - how did you get a no-helmet ticket in Florida?

Number Two: It may be time to talk to a lawyer - you're getting hosed!

Oh, make that three things: Kick your brothers ass!
 
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Roaddawg

New Member
You've gotta appeal it! That's a crock of shit. That wouldn't fly in California courts. There's way too much "reasonable doubt" there...in the interest of justice, it should have been dismissed. And, please don't throw all cops into the generalization because this one has a hard on for this ticket. If I was him, I wouldn't spend that kind of time for a measly ticket...there's plenty of other people out there to deal with.
 

MikeN02

New Member
but... sounds like appeal time... how could the cop positively identify you if he never saw you and only saw the license plate?

having a mc license doesn't make you guilty, the bike was not registered in your name. Did the cop even have details on the gear being worn? Or did he only go ff the license plate? I'm sure any lawyer out there could give you even more details on how to get this fixed.

Like I said before, if you could get a statement from work (way back when this first started) and had any other details of where you are/were then, it should be a pretty cut and dry appeal.
The cops (Guy and a lady) said they saw a motorcycle going fast down the road (31 in the 25) and tried to wave them down. When they refused to stop he got the tag.

Yes, having mc endorsement doesn't make me guilty but I feel like I was wronged because I actually followed the law to get one when so many people don't take the time and effort to actually take the course and instead just hop on a bike and have their friends teach them. I didn't ask about the gear worn, I felt so hopeless.

Even if I had gotten a statement from work that I worked that day, it wouldn't have made a difference. I work at 4 and the ticket was issued at 2:40, which means I had plenty of time before work to commit the crime. Furthermore, I had no witnesses as I didn't think today would be special.

that's totally f'd up... but wait- so, it was your brother then that is the guilty one??

maybe it's time to have a family meeting and make him cooperate on the appeal, pay the fine, and accept the responsibility for the ticket...

what are the consequences of being guilty? point on driving record + fine? did the judge tell you?
Yes, it was my brother who was the guilty one instead of me. I don't think he will cooperate as he's the "bad" brother that gets into jail a lot etc etc. I don't think he even has a valid drivers licenses at the moment. I would have to pay the fine + court costs and have points on my license. I already took the traffic school this year so I can't get these points off.

Two things: Number one - how did you get a no-helmet ticket in Florida?

Number Two: It may be time to talk to a lawyer - you're getting hosed!

Oh, make that three things: Kick your brothers ass!
Florida law about helmets is if you're under 21 you must wear a helmet (hence the under 21 tags) and if you're over 21 you must have proof of medical insurance of at least $10,000. Now the cops said that they tried to pull him over but he didn't stop so he didn't show proof of medical insurance.

Oh don't worry I will, I told him the situation and that it was him and he was shocked. Told him he owes me money.

You've gotta appeal it! That's a crock of shit. That wouldn't fly in California courts. There's way too much "reasonable doubt" there...in the interest of justice, it should have been dismissed. And, please don't throw all cops into the generalization because this one has a hard on for this ticket. If I was him, I wouldn't spend that kind of time for a measly ticket...there's plenty of other people out there to deal with.
It's was a 2vs1 case, I've never done this sort of thing before and they had 2 cops fighting against me. I bet they can sleep at night knowing they lied and cheated to ruin someone's future.
 


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