I don't think a cop sees your history when he runs your plate, only any current wants and warrants.

 

[QUOTE]Originally posted by RU2KREDY:
[B]
I'm clearly pleading not guilty, but what I need to know is protocol in court to get the ticket dismissed because the person named on the ticket was not driving the vehicle.

 

The best procedure will vary depending upon locale but I can tell you what works in most major cities.

1. There are attorneys that know how the system works in an area and specialize in administrative dismissals. For a small fee they will employ a procedure to reschedule (which is limited) to have your court case come up when there is less chance the officer will be present to testify against you. If it is an unusual ticket the judge may foil this technique not wanting to pass on the revenue (these are usually administrative judges collecting revenue, not dispensing justice).
2. Differed adjudication is often available for a price. This is the latest offering by the courts to streamline the process and maximize revenue. You pay an inflated processing fee and swear you won

 

Sorry, but your mis-identification defense will not stand up (contrary to what a few barracks lawyers have told you above). The ID is established by a number of things, the name on the ticket is the least of them. ID is established by your DL #/SSN (they're the same here in VA); vehicle registration; physical ID by the cop. Usually there is no need to go beyond the first one. Just by showing up you are demonstrating that you were on notice that the charge was pending against you. If the name on the ticket was the end all and be all of ID then even if the name on the ticket was correct, you could argue that "John Smith" is insufficient to identify which John Smith of the thousands in your state is the one charged with the offense. In a nutshell, the judge will evaluate the totality of the circumstances to determine whether you are the person charged. Sorry.

 

Along the same I have a question for all of you legal "experts" out there. I received a ticket for running a red light (I thought it was yellow). The officer got my name right but listed the wrong intersection. He listed one 4 blocks away which I was never near. Can this be dismissed? I obviously did not run a red light at an intersection I hadn't gone through that day.

 

[QUOTE]Originally posted by Jim Lieber:
[B]The officer got my name right but listed the wrong intersection.

 

I'm not sure where you live but in CA, everyone is entitled to 1 continuance. I would just come to court 5 working days before your trial date and ask for a continuance. You can state that you will be out of town for business etc...

 

[QUOTE]Originally posted by RU2KREDY:
[B]Hey,

I got yanked by Milwaukee's finest on the way home from the airport after driving for 6.5 hours from NJ to Hartford, CT and then sitting in the lovely Hartford airport waiting for my freaking plane to get there.

 

See the post from cdelena.
Option #1 has worked on the occasions I received a ticket. You can probably find out which lawyer in your area has a good success rate just by asking around. The good ones will be well known.
Defensive driving is still the best bargain in town whether you go to class, rent the video or take it on the web. Our local comedy clubs book comedians to present the course on weekends. Some states will only allow you to "escape" this way every three or four years however.

Good Luck! Anything beats having your premiums raised.