Legal Question in Administrative Law in California

Misspelling Name of Defendant

On a speeding ticket the officer spelled my name incorrectly, using all capital letters as well as running middle and last names together. This is the same incorrect spelling as on my driver's license. However, I understand that all capital letters are legally only used on death certificates, to denote a dead person, and when used in legal documents refer to the ''straw man'' the government creates to levy debt on the securred party. Can I contest the ticket on the grounds of wrongful indentity of denfendant?


Asked on 9/21/05, 2:38 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Misspelling Name of Defendant

No.

None of the legal theories set forth in your question is correct.

If your name is misspelled on your driver's license, that's your problem, not the arresting officer's.

Further, you presumably signed the ticket. That constitutes your promise to appear. Failure to appear (or pay the fine) very likely would result in a warrant for your arrest.

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Answered on 9/21/05, 4:06 pm


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