Fatal Flaws can exist on your speeding ticket
Should the Gods have smiled upon you and granted a fatal flaw on you ticket, give thanks but don't count your chickens before they are hatched.
What you may consider as being fatal, the court may have a way of overcoming it or ignoring it altogether. In any event, you can always use a flaw to your advantage.
What is a Fatal Flaw?
A unimportant mistake is not fatal. Unimportant mistakes are like misspelling your name or indicating that your car was gray rather then light blue. Remember the ticket acts as a affidavit or swearing where the officer swears that all the items are true. Should your car be a sedan and the ticket indicates that your vehicle was a pickup truck there is a problem because he has sworn that the vehicle speeding was a pickup however the person he gave a ticket to was in a sedan.
If the officer fails to sign the ticket you may have a good reason for asking for a dismissal. The reason is that the ticket represents the arrest and is the officers affidavit to the court that you committed the offense specified. If it is unsigned it has the force of a unsigned affidavit. That is it has no legal standing. The motion to dismiss would go like this. "Your Honor, Defense motions for dismissal as the affidavit containing the charge is unsigned and legally incompetent as a charge against the defendant."
- The ticket describes something other then that which is: example; The type make or color of the car is wrong. You are identified as a male when in fact you are female. Stating the color as red rather then burgundy or Ford rather then Ford Cavalier is not fatal. Stating that the car is a red Toyota rather then a blue ford is fatal.
- The ticket fails to describe the place of the arrest. Remember for conviction two items must be proven. Your speed and the speed zone you were in. Without delineating the location there is no evidence as to what speed zone you were in. The ticket can say 70 in a 30, but without a location described there is no way for them to prove that in fact you were in a 30 mph zone. ( be careful, stating that you were on Klingon St. within the municipality of Zoar is sufficient if all streets in Zoar are posted as a 30 mph zone.
- The ticket does not have the arresting officers name on it.
What is not a fatal flaw
- Misspelling your name
- Not having all the numbers on your license or license plate correct
- Not listing the speed measuring device used
- Not listing the speed zone you were in provided he stated the location where you were speeding
Use any flaw to your advantage
Any flaw, fatal or not or any fatal flaw not deemed fatal by the Judge can be used to your advantage. You can always as a question of the officer to any testimony he makes with: " Officer is your recollection concerning ( whatever it is he testified to) as being as accurate or more accurate then what you recorded in writing, at the time of the arrest on the ticket where (mention the flaw)? This is called 'Impeaching the Witness'
Impeaching the witness is great fun, I personally enjoy it and it can not hurt your defense. If you use The Tipmra it is not a necessary as part of your defense, however I would use it for sheer enjoyment purposes. If you use a lame defense that is not based on The Tipmra it will help to impeach his testimony.