Legal Question in Traffic Law in Virginia

I got a ticket in va, went to look up my court only to find out they put my ticket with an incorrect birthday and last name. Will my ticket get thrown out or what will happen?

Asked on 9/12/16, 5:30 pm

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

If you don't show up, the Court will enter the ticket as admitted by default. It won't be dismissed. If they made the mistake in the first place, they are unlikely to catch it now and correct it.

However if you are 100% certain that the date of birth and last name are both wrong, then PROBABLY the decision of guilty will be against a person who does not exist.

I imagine that the summons in the court file has your driver's license number in the file.

If you have a strong defense to the ticket, you should probably go to the court date and sit and listen. If they call your CORRECT name in court, then answer and present your defense.

If you don't answer the ticket in court, the court will find you guilty in your absence by default.

Then if the ticket goes to the DMV, you can protest to the DMV that it is not your name and not your DOB.

Since the court has already ruled, it probably cannot be fixed.

But if you ask them about it before the court date, they will fix the error.

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Answered on 9/12/16, 5:55 pm

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