Outraged - Suggestions on Fighting an Add-On to a Speeding Ticket

[Disneyhappy]

This is my first post in the Community Boards forum but I though this would be the best place to get help. My niece just returned after a year in Afghanistan serving with the National Guard. She went through debriefing in GA for several days and rented a car with a few friends to return to their homes in FL. She was pulled over by a State trooper in Fl, near Gainesville. She admits she was speeding although there were cars flying past her. (I expect an out of state rental car with three young kids were a target.) It wasn't bad enough that she got a speeding ticket but the trooper gave her a second ticket because her license was cracked in half! She explained that they just returned from Afghanistan and the heat caused it to crack in half. She was going to get a new one when she returned home to Tampa. The trooper still gave her a ticket for the license! On top of it all, the trooper somehow got my address in PA and wrote that address on the ticket. She has never lived with me. Her sister lived with me for a year while she went to school so maybe that is where the trooper got the address. On top of everything else, she got in an accident later that day 5 minutes from her home. I feel so bad for her and was wondering if any one has any thoughts on how she can fight the ticket. She knows she deserved the speeding ticket but not the 2nd $99 ticket for the license. We know a DJ for a radio station in Tampa and thought of maybe having him make an issue out of this. Of course, the most important thing is that she made it home safe and sound and will be able to join us at WDW in August! She has been told she will be sent to Iraq in 2 years! Yikes!!!!

 

[nick262]

I do not have any advice to offer but wanted to say... Shame on that officer for issuing that dumb ticket to a member of the military that just returned from active duty. Some people are just jerks. Please pass on my family's thanks to your relative for her service to our country.

 

[eclectics]

You can only fight tickets if the offenses were not commited. Facts, as you state them are, she did speed and her license was torn. Could he have cut her some slack on the second one? Probably, but he didn't, so there's not much she can do about it. Is it worth making a big deal about? Imho, no. I would take it as a life lesson and move on.

 

[kelleigh1]

I don't think there's anything that says she has to pay the ticket. She should be able to go to court to fight it and the info should be on the ticket itself about how to contest it.

I'm also suspicious about them getting your address. It would seem to me that he'd either take her address off her license, registration, insurance card or some other form which provided the information.

 

[tar heel]

There isn't a judge in the country who will let the license charge stand. I think a lot of judges would probably lecture the policeman for giving the ticket in the first place. She should go to court. My prediction is that the license charge will be dismissed and the speeding ticket reduced.

I don't know how insurance works in FL, but in NC, it is worth it to get a lawyer to handle the case b/c the lawyer costs less than the insurance increase.

 

[Todd&Copper]

If I were you (or your daughter), I'd contact that DJ and just make a fuss out of it on the radio. Sometimes, when higher up officials hear about things like this, they let offenses slide. In any case, I'd contest the split license citation in court, and explain the reason for its split and her intention to remedy it as soon as she returned home. The judge will probably let her out of that one.

 

[MareQ]

I'm under the impression that if there's any information incorrect on the ticket that the tick can be considered invalid. If her license has one address and her ticket another address that's a huge mistake IMO!

 

[bicker]

Yeah, I agree: Not much chance of winning an appeal of this on the merits. The police officer is in the right on that account. However, if you can sway public opinion, you can probably get enough pressure applied to make an exception made for you. It wouldn't necessarily be fair, but sometimes unfairness breaks against you -- in this case unfairness would break for you!

 

[GeorgeG]

i guess we're all agreed on the speeding ticket being a given, but the trooper had to be a real jerk to write her on the cracked license after being told the circumstances. It's possible he didn't believe the circumstances or, perhaps, there may have been more to the stop than you were made aware of.

I would suggest she go to the court date with a good attitude and admit ti the speeding. Then have some documentation to show the judge that she had, in fact, just returned from overseas. I think the judge might let her slide on that unless he or she is as big a jerk as the trooper.

I'm wondering about the address issue. Even though her license was cracked, the ticket should have been written for the address on the license. Maybe the judge will wonder about that, too!

 

[Miss Jasmine]

Obviously you all are not familiar with the Florida Highway Patrol. A FHP trooper would write his own mother a ticket. And this is coming from a police officer's wife.

I don't think there are points associated with that offense, but if she has the time to go to court, I don't see why not trying. Depending on the judge, he or she would probably feel bad and waive that charge.

 

[bigmerle1966]

She needs to go to court and contest the cracked license. There was no possible way she could have gotten a new license while she was gone and she was on her way home. Sounds like trouper boy just wanted to be a butthead. The speeding on the other hand, she could probably ask that the fee be reduced and ask for no points, as long as this is the first time she has gotten a speeding ticket.

 

[amarberry]

What about contacting an elected official, like her state representative or senator? I don't know if they could do anything in this situation, but sometimes they can really help out. When I was in college, I interned for a state rep. and constituent work was taken very seriously. For every constituent you were able to help, you can bet they told 10 neighbors/voters about what their wonderful elected official was able to do for them!

 

[Disney Doll]

i guess we're all agreed on the speeding ticket being a given, but the trooper had to be a real jerk to write her on the cracked license after being told the circumstances. It's possible he didn't believe the circumstances or, perhaps, there may have been more to the stop than you were made aware of.

I would suggest she go to the court date with a good attitude and admit ti the speeding. Then have some documentation to show the judge that she had, in fact, just returned from overseas. I think the judge might let her slide on that unless he or she is as big a jerk as the trooper.

I'm wondering about the address issue. Even though her license was cracked, the ticket should have been written for the address on the license. Maybe the judge will wonder about that, too!

All of this is very good advice.

 

[Servants of Evan]

When she appears in court, she should do so in her dress uniform. Go ahead and admit she was speeding, but explain the license issue. If the judges there are elected, they'd have to be absolute idiots to make an issue of the license with her record... I can only imagine the bad press they would receive and with November not that far away -- it wouldn't sit well with the voting electorate.

 

[Toby'sFriend]

yep I agree. Go to court and honestly explain her circumstances. I think many judges would be understanding.

 

[Disneyhappy]

Wow! So many responses so quickly! Thank You!
DN is a 24 year-old, educated, mature, lovely and timid young lady. She is not of the personality to give the officer any grief. She is known not to stick up for herself (unless a year in Afghanistan changed her drastically!). I have no doubt it was simply the officer not cutting her a break at all on the license issue. She talked about challenging the ticket. She will have to drive 3 1/2 hours to Gainesville to challenge it but it may be the best thing to do.
For the poster who who mentioned that the wrong address on the ticket may be enough to get it overturned - It reminded me of a coworker who was able to get his ticket dismissed because his date off birth was wrong on the ticket. We will have to look into whether that may also apply in FL. I also like the idea of contacting your local Representative/Congressman. I know that technically she was breaking the law having a cracked license. However, police officers have a wide berth to use discretion and this situation would seem to apply. Miss Jasmine seems to have the inside track on Florida State Troopers not having a very nice reputation.

Ironically, I just got an advertisement in the mail from a FL law firm that specializes in defending tickets. It was addressed to DN at my address in PA, not her home address in Tampa. They must have some of her records mixed up with her sister's who used to live with us. It is curious how the law firm found out about DN's ticket so quickly. I guess the tickets are a matter of public record. I am not going to recommend that she contact the law firm as I find the whole thing very suspicious.

Again, thank you for you informed responses!

 

[DawnCt1]

You can only fight tickets if the offenses were not commited. Facts, as you state them are, she did speed and her license was torn. Could he have cut her some slack on the second one? Probably, but he didn't, so there's not much she can do about it. Is it worth making a big deal about? Imho, no. I would take it as a life lesson and move on.

I disagree. When she submits the ticket to the court she can plead, "not guilty". Typically they will send her a letter stating that she can state any circumstances that figure into the situation; "I was going 60 instead of 65", she was being tailgated by speeders and was trying to switch lanes, whatever reasonably applies. She can also explain the heat situation with the driver's license. I would make a big deal about it because moving traffic violations or a defaced license may be the gift that keeps on giving, in terms of higher insurance premiums for the next 7 years in some states. She will have to go to court but often the court will allow her to pay a fine and plead to a lower charge. My DS had a case dismissed through the mail.

 

[eclectics]

I disagree. When she submits the ticket to the court she can plead, "not guilty". Typically they will send her a letter stating that she can state any circumstances that figure into the situation; "I was going 60 instead of 65", she was being tailgated by speeders and was trying to switch lanes, whatever reasonably applies. She can also explain the heat situation with the driver's license. I would make a big deal about it because moving traffic violations or a defaced license may be the gift that keeps on giving, in terms of higher insurance premiums for the next 7 years in some states. She will have to go to court but often the court will allow her to pay a fine and plead to a lower charge. My DS had a case dismissed through the mail.

I see your point but she admitted to the speeding. Sure, anyone can change their mind and challenge it, but I'm just going by what I was told by the OP. Same about the license. It was lousy thing to do to her and maybe the judge will agree, but the fact is the license was cracked. If she wants to dispute that she was speeding, that's her business. You don't get cut much slack here in NY with ticket disputes. Maybe Florida is different.