I know this isn't a legal forum but Outdoors seems to be the most knowledgeable of the forums. I was on my way to San Antonio on Friday and there was a wreck on i10. Several cars in front of me went thru the ditch to get on the feeder road. I proceeded to follow them and as soon as I got on the feeder road DPS pulls me over and issues me a ticket for "Drive on improved shoulder when prohibited". On the ticket he issued me, he wrote down the wrong VIN number, model, and model year. He did write down the correct license plate number. With these errors can I get this ticket dismissed? If I can, can I do that via a phone call or do I need to go to the courthouse in Waelder? It's Judge Jesse Almaraz. Thanks for the help.

How much is the ticket?

I don't know the answer to your question but that must have been a terrible accident for as long as I10 was shut down. I would have been right there with you going thru the ditch but had trailer with hunting truck on it. Finally got to an exit and took some of the tiniest dirt roads in texas to get around it. Thank God for GPS maps. Prayers for all those involved.

did he pull everyone over or just you?

Not legal advice:

Section 545.058 - Driving on Improved Shoulder states avoiding a collision is a valid use of the shoulder, as is passing.

TEXITS are however technically illegal, in part because it involves driving on an unimproved shoulder...

Depending on the fine amount the options are as follows:

1. Hire attorney, it will get dismissed in some way or fashion.
2. Show up and during arraignment meet with Prosecuter and ask for dismissal due to errors on the ticket. Will most likely be granted.
3. After that get into the Defenisive Driving, Deferred Adjudication, just pay it loop. It is a moving violation so will count against both license and insurance.

You can get it dismissed I'm sure. I got a ticket for having a trailer parked across the sidewalk in my driveway and the cop wrote the wrong date on the ticket. I just mailed in a form saying as much and it was dismissed.

My father in law got out of a ticket because the cop abbreviated the word Loop "LP". The abbreviation for Loop is "LOOP". His lawyer told the judge that there is no such road as LP 810, judge agreed.

Is it possible that the LP is correct because they scanned your registration sticker, and at some point you put the wrong plates/sticker on your vehicle (mixed up two vehicles). Fairly common mistake (which ends up being a second violation). The barcode on the sticker contains the info for the vehicle assigned that LP. If it did pull up wrong, that is one explanation.

That is…dumb, and on the judge. There's no case law that abbreviations can't be used or that incorrect formal abbreviations don't count.

Depends on how much your time is worth, you took a chance and it bit ya, just pay and move on

I got a ticket once and they wrote I was a Black female. Got dismissed.

DantheAggie said:

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I know this isn't a legal forum but Outdoors seems to be the most knowledgeable of the forums. I was on my way to San Antonio on Friday and there was a wreck on i10. Several cars in front of me went thru the ditch to get on the feeder road. I proceeded to follow them and as soon as I got on the feeder road DPS pulls me over and issues me a ticket for "Drive on improved shoulder when prohibited". On the ticket he issued me, he wrote down the wrong VIN number, model, and model year. He did write down the correct license plate number. With these errors can I get this ticket dismissed? If I can, can I do that via a phone call or do I need to go to the courthouse in Waelder? It's Judge Jesse Almaraz. Thanks for the help.

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When I lived in Houston, I got a speeding ticket from HPD. The cop wrote down the wrong color of my truck. Blue when it was actually silver. I went to court with pics of my truck and judge dismissed the ticket.

Going through a ditch is standard operating procedure in Houston.

It is however against the law, even due to a wreck.

* ask me how I know

You can chance a jury trial if all the other dismissal routes have been vetoed by the court / prosecutor. I was once the loan dissenting juror on a speeding ticket where the cop wrote what clearly appeared to be 140 mph in a 45 mph zone. It was a frontage road, and the guys car wasn't capable of hitting 100 mph if he had 8 miles of open highway to floor it. During juror selection the prosecutor asked most of us, myself included if I would have any problem finding someone guilty for speeding. Being a chronic speeder myself Is honestly answer d that it would depend on the circumstances of the offense. I told them if it was a school zone, or a residential neighborhood where speeding posed a serious safety hazard I would have no problem finding someone guilty. But if it was some obvious speed trap like they always setup on the frontage roads to generate revenue and there was no reckless behavior then I would have a very hard time finding them guilty. Dip**** prosecutor didn't exclude me and the jury was hung on my vote. The rest of the jury hated me. They worked on twisting my arm for an hour, but I stood my ground - the lazy cop should have ripped up the ticket and written it without error. As written it was BS. Guy got off because of me. I smiled extra wide as I passed the prosecutor on the way out, but said nothing because I didn't want to risk pissing off the judge in case I ever needed to appear before him myself some day.

All you need is one person like me and you'll walk. But I'd probably just ask for the dismissal and accept deferred adjudication rather than risk lucking into one @sshole like me.

DONT pay the ticket and move on.
Take defensive driving and keep it off your record.
Your savings in insurance will be well worth the time of the online defensive driving course

Fight the system. Thats what Uncle Jesse taught me.