Legal Question in Traffic Law in Illinois
wrong violation on ticket
I was involved in an accident in which I hit a vehicle that ran a red light as I was making a left turn. The police officer cited me for failing to yield, but entered the wrong violation code on the ticket. The code he entered was for a different situation and I found the correct code he should have cited. Can I get out of the ticket? Should I present the correct code to the judge in order to have the ticket dismissed?
2 Answers from Attorneys
Re: wrong violation on ticket
Good question. Generally, traffic court Judges do not follow the strict letter of the law and relax the rules of evidence. Your argument that you are innocent of the statute you were charged with is technically correct if it proves to be true. However, the outcome will entirely depend on the Judge. Sorry that I cannot be more specific since the practice of law would not exist if the answers were black and white.
Re: wrong violation on ticket
The state will make a motion to amend the pleadings on the face, which motion is routinely granted. So, while you have a great question, it won't get you out of a thing. I strongly suggest that you get a lawyer to represent you; the one thing that you don't want to do is plead guilty to this charge, as it will have an impact on any later civil litigation.
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