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If a police officer makes a math error when calculating mph over speed limit might one have grounds for having the speeding citation dismissed?
Wiki User
∙ 12y ago
Yes. Plead not guilty and send in the ticket for a court date. When you have a date with the judge, let him/her know about the error and make a case that if the officer made a mistake here, he might possibly have made a mistake about your speeding altogether. It is called a "technicality" and people get away with murder that way.
The decision belongs to the judge, however a simple mathematical error is not legal grounds for dismissal of a ticket. It is even less likely that the defendent will prevail in contesting the case if he or she has a record of previous traffic violations.
Wiki User
∙ 12y ago
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On a Massachusetts Uniform Citation for speeding if the Race is wrong W instead of A do you have grounds to get the ticket thrown out?
It's worth a try, but if you are clearly identifiable then it's unlikely that it would be dismissed. It's going to depend on how far off the name is, and the mood of the judge involved.
Can auditors be dismissed?
Yes, they can. Though on some procedural grounds, auditors can sure be dismissed.
Who won alden v Maine?
No one--the case was never heard. The case was dismissed by the Federal Circuit Court. It was re-filed in state court, where it was dismissed on the same grounds (sovereign immunity). The dismissal was upheld by the U.S. Supreme Court.
If you received a Massachusetts Uniform Citation for speeding and the officer does not check the box for all civil infractons or any box in that section do I have grounds to get the ticket thrown out?
No, an officer's error in properly filling out the citation does not GUARANTEE it will be thrown out, and is in no way by itself a reason for being found "not responsible" However if the judge decides that the officer could have also made a mistake on say the "infraction itself" then the judge may call the officers attention to detail into question wondering what else the officer could have made a "mistake" on.
If there is an error on the speeding ticket does it get dismissed?
Typically, minor errors are not grounds for dismissal. However, you or a good attorney can use such mistakes to bring the credibility of the officer's testimony against you into question. Additionally, if the error was either neglecting to state the specific code section or stating the wrong code section of the alleged violation, you may be able to get the charges dismissed under the fatal variation doctrine, meaning that the error on the summons caused you to not be able to prepare a suitable defense to the charges before you.
Can you reverse a civil case before it goes to court?
You cannot "reverse" a case before it goes to court, because there is nothing yet to reverse. You probably mean can you get a case dismissed before it goes to court. The answer is Yes and that depends on the facts of the case and the law involved. It can be dismissed on substantive or procedural grounds. Dismissal on substantive grounds is usually done by summary judgment. This can occur if a court finds that under the law involved, even if the plaintiff proves his case, he still is not entitled to a judgment against the defendant. Dismissal on procedural grounds can occur when one or another party fails to do something the court rules require that party do, like providing discovery on time. A dismissal on substantive reasons acts like a final adjudication. The action may be appealed but not reinstated. An action dismissed on procedural grounds can be reinstated if the failure is corrected unless a statute of limitations prevents it.
Can someone sue the state of Texas for false arrest after the criminal charges are dismissed in a court of law?
"Anyone can sue anybody for anything." If there was sufficient probable cause for your arrest to begin with, simply because the charge was 'dismissed' would not be sufficient grounds for a suit, unless there was MUCH more to the incident than the question reveals.
What are the grounds for arrest?
It depends on the locality. In my state, a police officer can arrest you if you have an outstanding warrant, or if you have committed a misdemeanor that he/she witnessed, or if you are under suspicion of having committed a felony.
What action can be taken when your attorney files a motion to have your lawsuit dismissed without your knowledge?
That sounds like grounds for malpractice. An attorney that you hire should always act in your best interest and consult with you before taking any such severe action.
What is a partial dismissal without prejudice.?
It is when a court throws out only part of a lawsuit, usually on technical grounds relating to the dismissed portion only. If a complaint has two counts and plaintiff does not provide court ordered discovery on one of the counts, the court can order that part of the complaint be dismissed without presudice. This means that that part of the complaint may be reinstated if and when the discovery is produced, as long as the statute of limitations has not expired in the meantime.
My car went into a skid and I momentarily lost control but there was no accident. Can I get a ticket if someone reports it?
No. Someone reporting improper driving is not grounds for a police officer to issue a citation without evidence to support the charge. Now slow down- OK?
What circumstances can a worker be instantly dismissed?
A serious breach of company rulesGenerally things like being intoxicated at work, theft, assault, etc are grounds for immediate termination of employment. Sometimes though, the termination is preceded by a suspension pending an investigation of the incident.
