When You're Stopped for a Traffic Ticket...

TRAFFIC TICKETS

by Susan Chana Lask, Esq. c 2004

One way to defend yourself is to look for a defective traffic ticket. Police officers make mistakes that can lead to a defective traffic ticket. A defective ticket will result in the dismissal of the charges against you. Here's what you should look for:

1. Is the month, day and year of your registration expiration date listed correctly

2. Is the plate number, state of registration, vehicle make, plate type and body listed correctly

4. Is the exact location of the vehicle when the violation occurred listed with either "front of/opposite" box checked (parking meter violations need only the meter number and address of the meter the location box does not have to be checked)

5. Is the nature of the violation indicated to adequately inform you of the violation and/or

6. Is your name, address and license number listed at the top of the ticket in those cases where you were confronted by the officer.

If any one of the above is not properly listed or even illegibly written on your ticket then you should (a) plead not guilty on the back of the ticket and (b) send the ticket, certified mail-return receipt, to the Traffic Violations Unit, listed on the back of the ticket, along with your letter and any proof (i.e.-a copy of your registration card indicating that your vehicle is black, not red as listed on the "defctive" ticket) supporting your position that you received a defective ticket. The Traffic Violations Unit must respond to your letter within 45 days.  If your ticket is not dismissed then the Traffic Violations Unit will give you a hearing date for Traffic Court.

This article is certainly not all inclusive and is intended only as a brief explanation of the legal issue presented. Not all cases are alike and it is strongly recommended that you consult an attorney if you have any questions with respect to any legal matters.