Ticket Has Wrong Issue Date

[egyd]

My question involves a speeding ticket from the State of: CA

Hi,
I got speeding ticket (22350, driving 36 in 25mph). It happen on August 31 but I just noticed that DATE OF VIOLATION on ticket is 10/22/08! That day didn't even happen yet!!! I called the number on the ticket and they don't have this ticket in the system yet. They asked me when I got ticket so I sayd end of August but date on the ticket is wrong. They told me to call again next week since that caused delay.

Can this ticket be dismissed since it has wrong date? If I go to court can I "win" because of this wrong date? Or I should just take traffic school and not bother with court?

Thanks!

[M'sta Mikey]

Can this ticket be dismissed since it has wrong date?

No. Mistakes happen

If I go to court can I "win" because of this wrong date?

See answer above

If it has your name, address, DL number, infaction, plate number, car make/model, etc. it's legit and an error on the date issued is not going to squash it.

[EWYLTJ]

Dude... why would you call to help the prosecution with their case???

If I were you, I'd go to arraignment ASAP!!! At arraignment, I'd plead not guilty and request the case be dismissed in the interest of justice. If the judge says something dumb, like "I can't dismiss at arraignment", refer him to PC 1385:

1385. (a) The judge or magistrate may, either of his or her own motion or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed. The reasons for the dismissal must be set forth in an order entered upon the minutes. No dismissal shall be made for any cause which would be ground of demurrer to the accusatory pleading.

Obviously you are not guilty of committing an infraction on a date in the future.

[sniper]

My question involves a speeding ticket from the State of: CA

Hi,
I got speeding ticket (22350, driving 36 in 25mph). It happen on August 31 but I just noticed that DATE OF VIOLATION on ticket is 10/22/08! That day didn't even happen yet!!! I called the number on the ticket and they don't have this ticket in the system yet. They asked me when I got ticket so I sayd end of August but date on the ticket is wrong. They told me to call again next week since that caused delay.

Can this ticket be dismissed since it has wrong date? If I go to court can I "win" because of this wrong date? Or I should just take traffic school and not bother with court?

Thanks!

Is there a spot for two dates on different places on the ticket? On the ones I issue to my loyal customers, there is a spot reserved for the date of the violation. There is a second date next to the officers name, above where you have to press hard for four copies (signature box). I have, a few times, written the court date in one of them with the other remaining the correct date. Never been an issue when brought up in court, one I was able to catch and send a notice of correction to my customer.

Not saying this is the case for the citation you were issued. If what EWYLTJ says does not work, go to court and fight it.

[M'sta Mikey]

PC 1385 will get you nowhere. As Sniper stated, appear, plead not guilty, and present your case when assigned.

[EWYLTJ]

PC 1385 will get you nowhere. As Sniper stated, appear, plead not guilty, and present your case when assigned.

I don't know where you get that information from... but time is of the essence. As Sniper said, it becomes a moot point when the cop realizes what he did and issues a correction. Therefore, the OP needs a dismissal ASAP... before the cop can make his correction. Since he told the court, they likely will contact the cop, so it is only a matter of time.