Wrong Date on Traffic Citation

[mrautomation]

Like others I recieved a ticket and on the citation the wrong, month, date and year was written in by the officer. The correction from the clerk came through but it was again for the wrong date. How can the accuracy of the speed be unchallenged when the officer cannot recall the correct date and time of the citation? Please advise.

[cdwjava]

Like others I recieved a ticket and on the citation the wrong, month, date and year was written in by the officer. The correction from the clerk came through but it was again for the wrong date. How can the accuracy of the speed be unchallenged when the officer cannot recall the correct date and time of the citation? Please advise.

Ask him in court.

- Carl

[mrautomation]

Will this get me off or will I be challenged on the speed? Accuracy of this document is key, the correction being incorrect has been defined, will this be enough to get off?

[cdwjava]

Will this get me off or will I be challenged on the speed? Accuracy of this document is key, the correction being incorrect has been defined, will this be enough to get off?

This alone will not get you off. Well, if the judge is a stickler for minutiae and detail he might decide it's enough, but I have yet to ever see that happen.

Expect to challenge the cite on the merits and not on the clerical errors.

- Carl

[chuckycheese]

I agree with Carl although you might get lucky. Many years ago, I beat a ticket based on mistakes but there were so many (wrong date, location, plate number and state of registration and state of license) that I think the judge really questioned the officer's credibility in that particular situation. In spite of all the mistakes, I still felt pretty lucky...(I was 'going like the wind').

[blewis]

Hmmmm, I'm not so sure, guys. It seems to me that the prosecution has to prove that you were the person driving that vehicle at that time in that place and violating that law.

If you could prove that you were NOT in that place at that time -- say a witness or two who could testify that you were seated next to them at a baseball game, for which you stil have the tickets, on the date on your ticket stubs, you should be able to get it dismissed.

I don't think a judge would say, "Well, Mr. Automation, you were obviously speeding SOMETIME, so you're guilty."

I think the key, though, is having an ironclad alibi for the date and time shown on the ticket. Hey, this could be one of those times where you can prove you were across town holding up a convenience store at the time you were supposedly speeding in order to get the ticket dismissed.

Just my $.02,
Barry

[aaron]

If you could prove that you were NOT in that place at that time -- say a witness or two who could testify that you were seated next to them at a baseball game, for which you stil have the tickets, on the date on your ticket stubs, you should be able to get it dismissed.

Ooh - I saw that movie. But how do you convince Robert De Niro to reprise his role as the priest with the ticket stubs?

[cdwjava]

It really depends on the anal factor of the judge. Since it is the officer's testimony that is the important part, THAT will carry more weight than what was on the cite. And I have seen officers move to amend the date and time in court if not before.

I have seen people try that in our courts and bring this up, lose, and also lose the opportunity for traffic school because they took the stand to contest the cite with only THAT kind of thing to hang their hat on.

very risky.

- Carl

[mrautomation]

I was on my way to Texas on Saturday the day of the violation and the date of the correction I was actually in Texas, check into a hotel and have proof that I was there. I know that I signed the ticket, but at some point in time when does accuracy come into play? He was not even close on the citation and the amended date by the clerk was the following day which he signed up to with his signature. I am going to have to ponder this one. The only thing that comes to mind is the officers ability to recall and in this case he cannot recall the correct date. Thoughts?

[Bookm]

Perhaps it's different in the States, but here in Canada an incorrect or missing date IS definitely a fatal flaw on the citation. The Crown MUST identify the correct day of the infraction. If the judge were to ask you what day you signed the citation, you can politely state that you do not wish to provide evidence for the prosecutions case. The court cannot amend the certificate because they don't know what to amend it to. Of course, you'll need proof that you were elsewhere on that day/time.

The officers personal notes may state the date correctly, but it is the Certificate (ticket) itself that is the charging document.

Book'm