Having the correct vehicle information on a traffic ticket is crucial in Arizona. An error in the vehicle details listed on a citation can potentially be grounds to get the ticket dismissed. However, the chances of dismissal depend on the type and significance of the mistake.
What vehicle information is included on Arizona traffic tickets?
Arizona traffic tickets contain several key pieces of information about the vehicle involved in the traffic stop. This includes:
- License plate number
- Vehicle make (e.g. Ford, Toyota)
- Vehicle model (e.g. F-150, Camry)
- Vehicle year
- Vehicle color
The officer notes these vehicle details when issuing the ticket after pulling over the driver and inspecting their car. The information is then printed on the citation that is handed to the driver.
When can a wrong vehicle description get a ticket dismissed?
There are certain situations where an incorrect vehicle description on the ticket could potentially get the charges dismissed:
- Wrong license plate number – If the license plate recorded on the ticket does not match the plate on the vehicle that was pulled over, this discrepancy can invalidate the ticket. It raises doubt about whether the correct vehicle was stopped.
- Wrong make/model – Putting the wrong vehicle make or model on the ticket weakens the prosecution’s case. It suggests the officer was confused about the details and calls into question if due diligence was followed.
- Wrong color – A different color listed on the ticket could indicate the officer pulled over the wrong vehicle by mistake.
- Wrong year – An incorrect model year could also indicate a case of mistaken identity regarding the vehicle.
In each of these situations, the error gives the defense attorney grounds to argue for dismissal. They can claim the wrong vehicle was cited, so the charges should be dropped against the defendant’s actual vehicle.
When do minor vehicle description errors not warrant dismissal?
However, not every small error will necessarily invalidate the ticket. Some mistakes are minor and would likely not lead to dismissal, such as:
- 1 digit off the license plate – e.g. ABC123 instead of ABC1234
- 1 model year off – e.g. 2018 instead of 2019
- Make and model reversed – e.g. Ford F-150 instead of F-150 Ford
- Slight color discrepancy – e.g. gray instead of silver
If the ticket has the wrong plate number but all other information is correct, the officer can argue they simply made a data entry error. Small inaccuracies like this are unlikely to convince a judge to dismiss the charges.
Does the type of violation matter?
The impact of a vehicle description error depends partly on the type of traffic violation involved. Mistakes are more likely to lead to dismissal for equipment, registration, and licensing violations compared to moving violations like speeding.
For example, if a driver is ticketed for expired registration but the plate number is wrong, it’s plausible the officer simply checked the wrong vehicle. That creates enough uncertainty to potentially dismiss the registration charge.
On the other hand, for a speeding ticket, a small mistake like the model year may not be enough to invalidate it. The officer clearly stopped and cited the speeding vehicle, even if minor details were recorded incorrectly.
Can you get a ticket dismissed for a mistake in the driver’s information?
Errors in the driver’s identifying details listed on the ticket can also potentially lead to dismissal in some cases. This includes mistakes like:
- Wrong driver’s license number
- Wrong driver’s name
- Wrong driver’s address
- Wrong driver’s date of birth
However, these types of errors usually need to be more significant to have a chance at dismissal compared to vehicle description mistakes. For example, one wrong digit in the driver’s license number is less likely to get the ticket thrown out versus an entirely wrong license number.
Does the officer’s testimony matter?
In determining whether to dismiss a ticket, the judge will also consider the officer’s testimony explaining any errors. If the officer can convincingly account for the mistake and confirm the correct driver and vehicle were cited, it weakens the argument for dismissal.
For example, the officer may testify that they accidentally switched two digits when writing down the plate number, but they clearly remember the make, model, and color of the vehicle they pulled over matching the defendant’s car. This explanation could persuade the judge to uphold the citation despite the minor clerical error.
What procedures are available for contesting a ticket?
If your ticket contains wrong vehicle information, there are options for contesting it to potentially get the charges dropped. The main procedures include:
- Court hearing – Appear before a judge on your court date and present the ticket error as part of your defense. The judge will then decide whether to dismiss the charges.
- Written declaration – Submit a written statement detailing how the ticket mistakes invalidate the charges. The judge reviews and makes a determination without requiring you to appear.
- Trial by written declaration – Similar to a written declaration but allows you to include evidence. This extra support for your case increases the odds of dismissal.
- Traffic school – For minor moving violations like speeding, you may be able to attend traffic school to get the ticket dismissed without going to court.
Consulting an experienced traffic ticket attorney is also recommended when trying to get a citation with vehicle errors dismissed. An attorney can help build the strongest case possible highlighting the ticket mistakes and their implications.
Will a dismissal keep the violation off your driving record?
If you do succeed in getting a ticket with wrong vehicle information dismissed, it will avoid getting points added to your driving record. A dismissal keeps the violation from appearing on your motor vehicle report which is important for avoiding insurance premium hikes and issues renewing your license.
However, while the ticket won’t show up if queried by insurance companies or other parties, court records related to the citation may still be accessible. So complete expungement of the records is not guaranteed. An attorney can advise you on options like record sealing to prevent the dismissed ticket from being searchable in the future.
How to prevent vehicle description errors on tickets
You can reduce the chances of vehicle information mistakes on tickets by:
- Checking all vehicle details on the citation before signing
- Comparing to your vehicle registration and driver’s license
- Asking the officer to correct any errors on the spot
- Taking clear photos showing the ticket discrepancies
- Issuing a written objection to inaccuracies within 30 days
Thoroughly reviewing the vehicle information listed and speaking up about mistakes right away makes it harder for the errors to be held against you later in court.
Key takeaways
- Wrong vehicle details like the plate number, make, model, color, and year could potentially invalidate a traffic ticket in Arizona.
- But minor inaccuracies like 1 digit off or a close color may not warrant dismissal.
- Mistakes are more impactful for registration, equipment, and licensing violations versus moving violations.
- The officer’s testimony explaining any discrepancies affects the chances of dismissal.
- Contesting options include court hearings, written declarations, trial by written declaration, and traffic school.
- A dismissal keeps the violation off your driving record but the court records may still be accessible.
- Carefully reviewing and objecting to any errors when the ticket is issued helps dispute inaccuracies later.
Conclusion
Arizona traffic tickets containing wrong vehicle information can sometimes be contested and dismissed depending on the circumstances. Minor clerical errors may not be sufficient, but more significant mistakes in key details like the license plate or make/model can give grounds for dismissal. Using court hearings, written declarations, counsel from a traffic attorney, and proactive steps when cited are the best ways to fight a ticket with vehicle description errors. Overall, the severity of the inaccuracy, type of violation, officer testimony, and other case specifics all factor into the likelihood of getting wrong vehicle information tickets dismissed in Arizona.
