Expert: Jack Toomey - 2/10/2004

Question
I was written a citation for having "red" turn signals on the front of my car.  I was told that this was in violation of impersonating an emergency vehicle or something along those lines.

I realize my violation.  

This is what I noticed on the ticket.  The officer took up my license along with my brother's.  I had 2 passengers total (irrelevant).

He recorded the wrong information onto the citation.  He noted my brother's information rather than mine (driver).

Do I have a chance of fighting this in court?  

I know that this is a minor violation but it'd be great if I could have this dismissed.

Anything feedback is greatly appreciated.  

Answer
Hello,

    The biggest problem here is that your brother is charged with something that the officer accused you of doing.  You didn't say that you were going to ignore the ticket but you did your brother would lose his license and probably have a warrant issued for his arrest.

   Most juristictions allow the officer to amend traffic tickets in open court however in this case I doubt that he will notice that he put the wrong name on the ticket.  So if your state allows the defendant (you) to examine the officer you probably should ask him if he can identify the person he gave the ticket to and then point out to the court that you are a different person than appears on the ticket.  However the judge could then halt the examination and simply ask you if you were driving the car and you would have to truthfully answer.

  So you really have nothing to lose by going to court.  But if you pay the ticket your brother is going to be getting the points on his license if this kind of ticket carrys points in your state.