What happens if a police officer writes a traffic ticket to the wrong person?
Then three days later I recieve a ticket in the mail that states that he’s sorry the ticket is actually yours. Can this traffic be dismissed because the officer screwed up the paper with the first issued ticket to the wrong individual?
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The ticket is just as valid as if he had written it in person. When they mail it, you sometimes have a few more days to answer is the only real difference.
If you decide to fight it, you might make him identify the ‘right’ party. If you are the right party though, then the court might tack on extra fees for court costs if you knew you were guilty and tried to get off. Unlike criminal charges where you are expected to defend yourself, most jurisdictions expect people that committed traffic infractions to be honest and just pay up without involving the courts. It’s not fair, but that’s the reality of modern traffic court.
So the short answer is, if the cop did in fact correct his mistake and you are the person he should have cited on the scene, and you actually did what he claimed, pay the ticket. It’s valid, and his original mistake is no defense.
So the ticket is yours but he just sent it to the wrong person the first time? No, there’s probably no reason for it being thrown out by the court. Just pay and get over it.
The officer corrected his mistake. The citation is valid and will not be dismissed.
If the original guy had gone to court with the faulty ticket, that one would have been dismissed and you might have slid by then. But the officer caught the error somehow and corrected it. Pay the fine.
He corrected his mistake, prior to going to court, pay the ticket!!!!!
The ticket is not a court document it is a notification with options on how to proceed. In Canada we have up to six months from the time of an offence under the motor vehicle act to issue a ticket. By serving you with a ticket he has met the obligations under the law which are as follows, to notify the person of the offence and within that notification to provide options on how to settle the matter. The options can include payment option or options on how to contest the ticket.
Some places require personal service and some require only service by mail to the address contained on the driving licence of the accused.
You can compare it to a person being arrested for murder being found not guilty and then a year later DNA evidence reveals the real killer. The real killer can not escape prosecution by shouting "wait you already charged someone else."
In your case neither can you. You must fight the charge based on the evidence that is presented by the prosecutor as well as evidence provided by you.
Absolutely not. If it was meant to go to you and eventually went to you, then you still have to pay for it.