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I was stopped by a WI State Trooper for Speeding. But he gave me a Citation for Speedometer violation?
Anonymous2 views2 answers
I was stopped for speeding and told the Trooper that I don't make it a habit to speed and maybe his radar is off or maybe my speedometer is off. He then gave me a citation for WI Statute 347.41 Speedometer violation.
So what motion do I file to dismiss since he couldn't possibly have had any knowledge my speedometer's functionality. He obviously did this since I stated maybe my speedometer is off.
I have tested my speedometer using a stop watch and a GPS its working fine.
Can I do a motion to dismiss based on Failure to state a cause of action.
Again how could the trooper have any knowledge of the functionality of my speedometer.
Kind Regards,
Mike
That is an excellent question. The first thing you need to do is weigh the danger of pursuing this with the trooper. You were stopped because the trooper had a suspicion then you made admissions after the stop. If there are ways to appeal your ticket and you explain this calmly and resectfully to the court they will most likely dismiss it. The variable woudl be the troopers mood and your driving record.
John Francis Byno IVSpeeding / Traffic Ticket LawyerColleyville, TX ·
First, let me state that I am a Traffic Ticket Attorney in Texas and make no claims to know the laws in your state. I will answer your question, as if your case arose in Texas, but I strongly encourage you to ask an attorney in the jurisdiction were the case is pending.
In Texas, a citation is only your summons to appear in court. It also acts like a bail bond. rather than getting arrested you sign the ticket and promise to appear in court as directed on the ticket.
The citation itself DOES NOT charge you with a violation. In Texas, when you appear in court you will provided with a document called a "Complaint." The Complaint is the formal instrument that charges you with some violation.
The fact that a ticket has some typo or other error is not enough in my state. It is the Complaint that charges you, thus it is the Complaint that you must look to for errors. In addition, it is the Complaint that the prosecuting is trying to prove in court, not the ticket.
Again, I do not know if your state works the same way or not. If they do, perhaps they call there documents by a different name. I strongly encourage you to seek local counsel.
If you found my answer helpful, please give me a thumbs up.
