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Speeding Tickets & Traffic Citations Discussion of appropriate procedures and guidelines to successfully fighting speeding tickets and related traffic citations.

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  #1 (permalink)   IP: 173.168.68.220
Old 2010-09-03
LBGA LBGA is offline
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Default Wrong Ticket Price?

Humm... This seems a little fishy to me, and I am taking this to court.... But here's what happened... Please provide me with your input.

State: FL
City: Brooksville
County: Hernando

I was riding with my wife and we were on our way to a job site in a UHAUL truck. She had just entered a municipal / business zone where the speed dropped from 45 to 35. Before she could fully drop her speed, she was tagged with a laser from Brooksville PD which they stated she was going 11 over the posted speed limit.

The officer wrote the ticket for $149 for 'Moving Violation' (NOT FOR SPEEDING).

My wife had an extension on the citation and now since it's time to pay the citation, the court house generate a letter to her telling her that the price is now $189 + $7. They are adding $7 because she elected to take the driver improvement school and they can't get her for the points it appears.

They stated that they increased it to $189 because the officer wrote the ticket for the wrong thing and wrote the wrong amount on the ticket, so they changed it to a 'Speeding Violation 10-14 miles Over' which is $189 and still making her pay the additional $7 for taking the traffic school, which has increased the total citation price from: $156 to $196 which is an increase of $40!!!

1. Does this sound like a scam to you?
2. Should my wife take this to court and fight it?
3. Isn't it unlawful for them to change a ticket once the officer has written it?
4. Can we get the officer in trouble for writing a ticket for the wrong thing?
5. Can we get the ticket dismissed because the officer wrote the ticket for the wrong thing and the court house changed it from what it was originally?

By the way... Here is the ticket pricing: Fee Schedule - Karen Nicolai - Hernando County Clerk of Circuit Court

Please write me back with the answer or suggestions about the above as soon as possible. We need to get this taken care of by paying it or setting up a court hearing date for it as soon as possible.

Thank you,
L
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  #2 (permalink)   IP: 69.205.151.212
Old 2010-11-14
drkshdw983 drkshdw983 is offline
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Default not surprising

This is probably too late to help but if you ever need it in the future here's my take. States make up their own laws as far as the court system changing your ticket goes. Usually it is legal for them to change the ticket up or down as long as the ticket matches your offense (for example you can't chance a speeding ticket to a DUI). I don't know about your state but I know in PA an officer wrote me for a moving violation (for speeding) once and simply because I decided to challenge it in court they bumped it up to a speeding ticket. As far as the officer writing the wrong price on the ticket, you won't get far complaining about that. Officers have a weird immunity to mistakes that I personally think isn't entirely fair. The price isn't a major mistake on the ticket. The offense is clear, the person who committed the offense is clear, there's not much you can do. A major mistake would be the wrong license plate number, wrong name (not just misspelling), something that makes it unclear who the ticket is really for. I think what has happened to you and hundreds of others is unfair and borderline illegal but unfortunately there's not much one can do. Better luck avoiding the cops next time!
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