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  #1 (permalink)
: My husband and 23 yr old son were driving the day after Thanksgiving 2013 to our daughters for a late turkey day. He was in the right hand lane, a car in front of him, one behind. Two cars coming up on the left, and passing. A state trooper drove by talking on his cellular phone. About a mile later he pulled over just my husband for speeding. The officer wrote down that his court date will be 01/15/2013, yep 2013, 10 months prior. Anyway. My husband has a perfect record, and CDL for 30 yrs. The officer wrote down CDL-NO, Comm Veh-NO, and red car. It says right on top in capitol letters "COMMERCIAL DRIVER LICENSE. And he was driving a white commercial truck. So how do we get this thrown out.

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  #2 (permalink)
: You don't
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  #3 (permalink)
: You can hire a lawyer and try to get it dismissed or reduced.

You can hire a lawyer and bring it to trial.

You can try to negotiate it yourself, or defend it yourself.

It isn't going to be tossed because of a wrong date or a wrong description.
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  #4 (permalink)
: You don't get it thrown out because of clerical errors. If you try to bring that up they will simply amend the citation right there in court.
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  #5 (permalink)
: you can hire a lawyer. but if your defense is clerical error, you are almost fighting a losing battle.

best of luck.

you may want to consider just paying the ticket and have your husband take traffic school. so you insurance will not increase.
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  #6 (permalink)
: "How do we get this thrown out"?

You left out the only thing that matters.....WAS HE SPEEDING? If he wasn't go in and plead his case having a CDL doesn't matter a speeding ticket is a speeding ticket. Also doesn't matter that the cop wrote down CDL-NO, because he DOES have a CDL. Also, was he in a "Commercial" truck, or a CDL Truck? Commercial doesn't always mean CDL. But either way points for a speeding ticket will look bad for him. If he already has a job it won't really be a big deal unless he tries to get a new one in the next year or so
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  #7 (permalink)
: Many local bar assosiations have free legal clinics. Get discovery from the court. That means evidence. How did the cop come to the conclusion he was speeding. Ie speed measuring device. A radar gun has to be cetified every year or so and it has to be calibrated before and after use.And inspected daily. My guess is since he was wrong on the date. and wrong on the other particulars the case might get bounced. But remember traffic court judges are crooked and it may help to have a lawyer.
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