incorrect date on speed ticket
I was issued a speeding ticket that had the wrong date on the ticket. I was at work on the date of the ticket and have the info to prove it. I did not pay the ticket and went to court; the judge told me it would not be dismissed as a technicality because he would allow it with the wrong date. I asked for a trial. What is the best defense for me?
1 Answer from Attorneys
Re: incorrect date on speed ticket
Interesting situation you would appear to have an alibi defense. In every criminal case the prosecution is required to prove "L.O.V.I.D." to sustain the charge
L - Location
O - Offense
V - Venue (jurisdiction)
I - Identification
D - Date and time
In theory if the prosecution is unable to establish any of the above the charge must be dismissed. In your case you have to get the officer to commit to the date and time as listed on the ticket during your cross examination of him/her. After they have committed to the date and time on the record, you would during your case present evidence that you could not possibly have been at the location at the alleged date and time, i.e. you have an alibi. However, you have to be careful about the evidence you intend to introduce to prove you were at work and documents such as a time card or letter are hearsay and inadmissible. The best evidence is a co-worker preferably and manager or supervisor who can testify as to your whereabouts at the alleged date and time of the offence.