Legal Question in Traffic Law in New York

Re: Wrong vehicle identified on speeding ticket

It is not a reason for immediate dismissal of the ticket,however it goes to the credability of the issuing police officer.I handle these situations on a regular basis and have the added expertise of being a retired Traffic Court Judge after 20 years on the bench. You may call my office @718-834-0087 for a free phone consultation.

Re: Wrong vehicle identified on speeding ticket

A fun case! There are 2 types of cases where vehicle's are involved: moving violations and parking tickets.

If it were a parking ticket, the mis-description of the vehicle creates doubt that your car was the one parked in violation of law. However, in this case, you have a moving violation. The person is ticketed and not the car.

What this means is that the important point is who was driving the car that was going 90 (yes, I know it was 75 and the officer added 15mph. They do that.), not which car it was.

So the ticket and the officer must identify you as the driver.

But, if the ticket has everything wrong but your name, then it will be easy to argue that the officer probably got the speed wrong as well or that he MEANT to ticket a different car, but stopped yours (which was not speeding) by mistake. A showing of either would give you the win and a dismissal.

This one has a real chance for a win; maybe 60%.

You are welcome to a consultation for no fee.