I received a traffic citation but the year and color of the car I was described to be driving are both incorrectly marked on the official mailed citation. Does this mean I can fight it in court and have a chance at winning?
If it is a multiple police officer operation with one timing officer and multiple chase cars you may have an identification issue. If the same officer who clocked you then stopped you and gave you the ticket, these minor details are not sufficient to get the ticket dismissed.
Most times the color, make and model of the car is wrong. If the plate is correct then the judge will often just say the ticket is valid. You can fight/appeal any ticket in PA, we have been very successful getting a reduction in points or having suspension removed, in some cases the tickets were dismissed all together. Please contact us if you have any additional questions.
The color of car issue is not really much to argue. The DA can amend the citation to put in correct info. Therefore, I wouldn’t say that’s a “fatally defective pleading”. If you do decide to go to court, if possible, try and negotiate it down to a failure to obey traffic device. This carries no points. Call me for more details! Cell phone below.
Naturally you would have to give additional information to your attorney in order for him or her to adequately advise you. If the license plate is accurate then I’d be inclined to believe that the chances of avoiding the ticket are very limited. The likely response to your defense that the information is inaccurate is that a clerical error explains the disagreement between your vehicle and the information on the ticket. That said, contact a local attorney to explore all of your options. There is likely some space between avoiding the ticket all together and admitting guilt.