Would there be grounds for defending a traffic violation if the officer wrote a ticket that was somewhat illegible?

Answer

No-you know what city you were in when you got the ticket, whether or not you think it's illegible on the ticket, and the judge is going to say the same thing to you; using the officer's supposed "sloppy" handwriting is not a good defense, and not going to get you off--Sorry.

(Married to a Colorado State Trooper for 13 years-heard all the excuses and defenses)

Answer

She is absolutely right. If the officer wrote "3rd solar system, planet Mars" it wouldn't help you, so forget it.

Answer

I disagree, it may not make any legal sense, but that won't stop a judge from ruling in favour of you. It really depends on your environment, rural judges will probably be more receptive then urban judges. I stress probably.

This is based on the stories I've heard from local officers, lawyers, and dispatchers while working with our local area Crimestoppers. One of my favorite stories has to do with a judge dismissing a ticket merely because he had heard that,statistically, one of every thirteen speeders is innocent, and this guy was the thirteenth speeder that day, and the other twelve were guilty.

Answer

If the location is messed up then you have a juridictional arguement..It may not technically be lawfully for the presiding justice to hear it. If it is a name issue or wrong charge laid..well they will just amend it in court and carry on.

Answer

If the speed zone is incorrectly stated, request a trial. The officer will probably amend the zone in court when the charge against you is read. If he doesn't, plead not guilty before the judge. Be prepared to show with wultiple photographs showing posted signs & street names, transportation planning map, city ordinance, or another witness what the speed limit was when the alleged offense occurred.

After the officer present his case, you get to cross-examine him. Ask him if he recognizes the street in the photo. Ask whether that is the street where he alleges that you were speeding. If you have good photos, he should confirm it. Then show a picture with the speed limit sign close enough to read it. Ask him whether he can read it and what it says.

Say "No further questions". The judge will give him a chance to explain. Ask the judge to dismiss the ticket. "Your honor, I move to dimiss the charges for lack of evidence."

If the judge denies, then it's your turn. Present your own testimony or a witness' testimony that the limit was 20. You or your witness must be the photographer. State the date each photo was taken, where, and by whom. Make sure they are labeled on the back with information also. The photographer may also sign them. Ask to enter the photographs into evidence. If the judge can read the signs, he judge should find you not guilty.

Answer

This question is actually a matter of subject matter of jurisdiction of the court. First off, traffic tickets come in parts, and your copy may be the illegible part but the courts is easily read. You must ask to review the copy the court has on file so that you may discern if the illegability occurs on all parts of the ticket. The next argument is that (assuming you are trying to get out of a valid ticket) the court lacks jurisdiction in (enter some weired name here) from the illegable location documented on the courts ticket. Also, you must know this by now, when you go to court for traffic violations the local District Attorneys office will approach you with a plea for a lesser charge. If you really feal that addimant about penmanship I would suggest you mull the thought over. Judges are 9 times out of 10 going to take the word of an officer of the law over you. Not to be mean or rude, but this behavior is directly in violation of the Constitution of the United States. With the rash epidemic of corrupt and insideous police force permeating our country I would suggest you attack character and credability if you have any standing.

Remeber, you have a responsability to other drivers on the road. Weasaling out of a valid ticket is a violation of moral and ethical character. In my opinion if that is what you are doing I would not even represent you in court.

Joe Oathout

Veterans Advocate New York.

First answer by Denise Bagley. Last edit by Jdoathout. Contributor trust: 9 [recommend contributor]. Question popularity: 102 [recommend question]