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Wrong Name on Speeding Ticket

minasoliman

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Any lawyers here?  NJ?

My sister got a speeding ticket.  As usual, as anyone maybe, she didn’t check the ticket until two days later to call and schedule a court date.  But as she looked at the ticket, the name filed was not her, but our father (even gender and date of birth matched our father, not my sister).

Soooooo...what does one do in this case?
 

Ainnir

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Send a check by mail?  In my experience, you only need to schedule a court date if you intend to dispute the ticket.  But that's GA and TN, so maybe it's different.

And sorry she was ticketed; that stinks. 
 

minasoliman

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Ainnir said:
Send a check by mail?  In my experience, you only need to schedule a court date if you intend to dispute the ticket.  But that's GA and TN, so maybe it's different.

And sorry she was ticketed; that stinks.
It’s a 2 Point ticket.  If she paid, it would go on his record and insurance would increase.  If this was zero points, then we would probably pay.
 

Ainnir

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Ohhh I see.  I guess the car is in his name?  Assuming she's on the insurance, couldn't he just show up with her?  Hope it works out!
 

minasoliman

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Yea, it’s a tricky issue.  We know at least dad has to show up, but we were wondering if it’s necessary for her as well.  I know at least he’s going to get an alibi from his work.
 

RaphaCam

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I'm aware many law systems have point transfer systems for those cases, but, if NJ works like Brazil, there's a tight deadline, so until you find out the exact process, waiting for the court hearing is risky... And even if you wait, he should go, I imagine consensual to be universally better than contentious.  :p  Hope you find what you need. Maybe you could use one of those advice websites?
 

Alpha60

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minasoliman said:
Any lawyers here?  NJ?

My sister got a speeding ticket.  As usual, as anyone maybe, she didn’t check the ticket until two days later to call and schedule a court date.  But as she looked at the ticket, the name filed was not her, but our father (even gender and date of birth matched our father, not my sister).

Soooooo...what does one do in this case?
Contact a traffic ticket attorney for your area.  There are cheap, fixed-fee lawyers who do this.  You are probably looking at $250-$500.

Was it a speeding camera or did an officer actually stop her?

I've only ever received two tickets, and was acquitted on both: in the first one, a highway patrol officer pulled me over because a relative, with a doctor's note, which was ignored by the officer but honored by the court, had to wear their shoulder belt in a non-compliant manner.

In the second instance, I was involved in an accident out of state.  The insurance company found the other driver at fault as he was speeding, but the local township cop wrote me a ticket for a right of way violation (just an infraction, not a misdemeanor), assuming I would pay it since I was out of state.  Well, that did not happen; it cost $400 but I was resolved to protect my perfect driving history from even the single point this would cause, so I hired a lawyer who was able to get the ticket dismissed on the basis that the hick-town officer used hearsay as his evidence that I had violated the right of way.

The incident began my long love affair with the Dodge Charger; I was in a rented V6 base model at the time, and the other vehicle hit my front fascia.  The plastic fascia, part of the crumple zone, got knocked clear down the highway, but the car remained completely drivable other than having no headlights or turning lights, so I was able to park it safely nearby.

The speeding driver's Geo Metro got obliterated, on the other hand, but he was unharmed.

The next year I bought the first of three Chargers I have owned, the one which remains my favorite, an R/T HEMI model with the same color scheme.  Didn't get to drive it much at first as I was in the UK much of the time, and to reduce wear and tear on it, I bought a 2010 Buick LaCrosse.

That car was scarry; you would put your foot on the gas and wait half a second before the meagre underpowered V6 provided inadequete acceleration.  She got worse gas mileage than the Charger due to MDS (6 cylinders in a 3.0 running all the time vs. 8 cylinders in a 5.7 half of which shut down automatically).  The steering wheel adjustment lever had a tendency to come loose, so it was like flying a plane, and despite this being a brand new car, the dealership refused to do anything about it, although they fixed that issue on the 2011 LaCrosse (and dropped the inadequete 3.0 V6).

Fortunately, when I was in a hit and run on the 101, hit by a driver who fled the scene, the wheel did not pop loose; I skidded across three lanes but miraculously avoided hitting one else or rolling over.  So I would buy a used Buick LaCrosse, but not a 2010; 2011 or newer only.  The car also cornered well, a bit better than the Charger.  I traded that LaCrosse in for an orange 2011 Charger R/T Max, which was nice, but disappointingly not as fast as my 2007 R/T, despite having an extra 50 HP.

I am proud of my perfect safety record.  Recently I took the 2007 out onto an abandoned road in the desert I had permission to use and set a new speed record of 135 MPH. 

Driving on public roads, I stay within 5 MPH of the posted speed limit, except on some desolate sections of California highway where CHP officers have assured me they don't care if you do 79 in a 70 zone provided you are wearing your seatbelt.  Because CA is a non-compact state, I never do that when driving out of state; the CHP is unusually tolerant of speeding and is more interested in other offenses.

There are a few key tricks to safe driving, which you should impress on your sister:

1. Stay within 5 MPH of the speed limit, and within the speed limit on curves; the speed limits are based on curvature, visibility and hazards. 
2. Keep distance from the car in front of you so you have time to stop; never tailgait, ever.
3. Avoid oversteering or understeering; do not cut corners in an SUV or make too broad a turn in a sports car, and leave traction control engaged at all times.
4. By keeping distance from the car in front of you, you will find you have time to check your mirrors and your spedometer.  I like some GM cars which have a heads-up display spedometer, but usually you don't get that.  You want to watch your speed and your mirrors to maintain situational awareness.
5. Lane discipline is critical.  Do not hog the left or passing lane.  Try to avoid passing on the right.  Because lane discipline is not well enforced in the US, we have to use caution when merging out of the passing lane, which sucks, but its better to pass properly and check your mirrore than to contribute to the problem by passing on the right.  Also, avoid hogging the middle lane unless you are in a high traffic area and are not sure which side of the freeway you need to be on for your next merge (professional bus drivers call this lane "The lane of least resistance"), or if the freeway is excessively crowded with slow traffic in the right oane and speeders in the middle lane, which would make the lane change more difficult).
 

minasoliman

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Dude, I didn’t ask for driving tips.  I’ve been driving for a long time now, and my sister is a grown adult woman with experience behind the wheel.

I asked a very simple question.  And no it was not a camera, it was in person.
 

Luke

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I do agree that you should contact a traffic attorney.  Years ago one helped me when a police officer did something out of the rules.  I cannot remember exactly what it was, but he either gave me both copies of a ticket  or wrote down a wrong date or something.  It is worth a shot.
 

Ainnir

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Luke said:
I do agree that you should contact a traffic attorney.  Years ago one helped me when a police officer did something out of the rules.  I cannot remember exactly what it was, but he either gave me both copies of a ticket  or wrote down a wrong date or something.  It is worth a shot.
I agree, since it was a person.  That's weird (that a live person would mis-record info like that).
 

Tzimis

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I'm not a lawyer, but I would check the drivers license number on the ticket to see if it matches your sisters. The officer usually lists it on the violation.
 

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I would go to court on it- either in person or through a traffic attorney. Something similar happened to me years ago. In my case, if the officer couldn't figure out from looking at me that I was not a 240 lb 6'4" male, (my brothers description, from the license plate info) how could he have accurately determined my speed? With grossly erroneous data on the ticket, you have a good chance of getting it dropped. Either she should go to traffic court in person or get a traffic attorney.
 

rakovsky

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If the father is on the court docket and only he shows up to court and the ticket says him, and then he gives the alibi, I wonder how they would handle that . They cant find him guilty since he didn't speed and they dont afaik switch dockets to charge someone else guilty.
 

Agabus

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What size municipality are we talking about?

It's possible that the two of them could show up at the PD and talk to someone there about the mistake and get it ironed out, at least if your sister doesn't plan to contest it.
 

William T

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Alpha60 said:
minasoliman said:
Any lawyers here?  NJ?

My sister got a speeding ticket.  As usual, as anyone maybe, she didn’t check the ticket until two days later to call and schedule a court date.  But as she looked at the ticket, the name filed was not her, but our father (even gender and date of birth matched our father, not my sister).

Soooooo...what does one do in this case?
Contact a traffic ticket attorney for your area.  There are cheap, fixed-fee lawyers who do this.  You are probably looking at $250-$500.


There are a few key tricks to safe driving, which you should impress on your sister:

1. Stay within 5 MPH of the speed limit, and within the speed limit on curves; the speed limits are based on curvature, visibility and hazards. 
2. Keep distance from the car in front of you so you have time to stop; never tailgait, ever.
3. Avoid oversteering or understeering; do not cut corners in an SUV or make too broad a turn in a sports car, and leave traction control engaged at all times.
4. By keeping distance from the car in front of you, you will find you have time to check your mirrors and your spedometer.  I like some GM cars which have a heads-up display spedometer, but usually you don't get that.  You want to watch your speed and your mirrors to maintain situational awareness.
5. Lane discipline is critical.  Do not hog the left or passing lane.  Try to avoid passing on the right.  Because lane discipline is not well enforced in the US, we have to use caution when merging out of the passing lane, which sucks, but its better to pass properly and check your mirrore than to contribute to the problem by passing on the right.  Also, avoid hogging the middle lane unless you are in a high traffic area and are not sure which side of the freeway you need to be on for your next merge (professional bus drivers call this lane "The lane of least resistance"), or if the freeway is excessively crowded with slow traffic in the right oane and speeders in the middle lane, which would make the lane change more difficult).
More pro tips that have nothing to do with anything:

1) Stay in school
2) Don't do drugs
3) Never a borrower or lender be
4) A bird in the hand is worth two in the bush
5) Never start a land war in Asia
6) Never gamble with a man who's first name is an American city

His sister will be a saint in no time if he keeps harping on her with the correct didacticism every-time she does anything that needs correction.
 

minasoliman

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Thank you all, as well as those who sent me pm’s.  I’ll update you to see how this pans out.
 

minasoliman

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Thank you brother!
 
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