Legal Question in Traffic Law in Texas

Incorrect traffic ticket

I was pulled over today for failure to completely stop at a stop sign. I didn't have my license on me, but the cop didn't ticket me for that. He used my insurance card to find out my ID and everything. I told himy SSN, DOB, name and address. However, he seemed to think that my name was my stepfather's name. I'm only 17, so I don't hold the insurance policy. We have the both the first name, but different last names. I told the cop several times my name was different but the citation has my stepfather's name on it. It also has an incorrect address because the cop couldn't spell my street name correctly. Is there anyway I can get out of this ticket because the ticket is so incorrect in many places? I know since I didn't have my license, that could be used as the reason for not getting the correct name. If I argued this case in court, would the 5th amendment protect me from any prosecution about not having my license? Any help is appreciated!


Asked on 4/14/07, 11:01 pm

1 Answer from Attorneys

Keith Engelke Law Office of S. Keith Engelke

Re: Incorrect traffic ticket

If you were to fight the ticket in court, you would plead not guilty and the state would establish that you were the person driving the car. They can do this by calling the officer to testify.

I think your best court option is to seek deferred disposition of the ticket. If you did not get any other tickets within a set period of time, the charge would be dismissed. An attorney should be able to help you do this.

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Answered on 4/15/07, 1:25 pm


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