Officer wrote wrong offense chapter on speeding ticket

[smmforum]

Hi. Great site. Wondering if you can give me some advice...

I live in Rhode Island and was stopped in MA by a Massachusetts policeman for "speed greater than reasonable est 50+ in 30 mph business zone" -- he handwrote this on the ticket. I have driven through that area several times since, and I highly doubt that I was traveling more than 40, if not less -- it is a VERY congested area.

When the officer approached my car, I admitted that I was late for a sales meeting and apologized. I was very polite. He was grumpy, unfortunately. He wrote me for $50 plus a mandatory $50 head injury surcharge - total $100.

I now notice that he wrote the offense chapter/section wrong. Speeding is 90-17 in Massachusetts law. He wrote 90-77 instead. I'm sure he intended to write -17, but the incorrect first "7" looks more like a 7 than the 2nd (correct) one does! It is blatantly wrong, not just my hopeful imagination. Every person I have shown it to says it looks like a 7 - no one thought it was a 1. Can I get this ticket dismissed because of this? How can I say this in court without angering the judge?

If that doesn't work, I have a clean record, no speeding in probably 3+ years. :angel I don't want to get clobbered by insurance, and I worry how "50+ in a 30" affects me. What should I do?

Thank you so much for your thoughts!

 

[seniorjudge]

When you get to court, ask the clerk who you talk to about deferred prosecutions.

They may not want to talk to you considering the great speed you were going, but it wouldn't hurt to try.

If you say the number looks like 77 instead of 17, I suspect the judge will say, "Looks like 17 to me."

Just a thought....

 

[muggsyj]

This is not Legal advice!



Hey,

Don't get too excited as the difference between his statements that you were breaking the limit to his bad handwriting will not stand up in court. I suggest you take this one on the chin and book it down to experience, if I was an officer and your tried to catch me on the stoke of a pen then I would have you in my sights in the future!

We are not talking the difference between manslaughter and murder here. It is your choice at the end of the day and only you can do what you think is right.


Good luck with your choice.


Mark.