Speeding Ticket List a Court Date Prior to Violation

My question involves traffic court in the State of: Texas

I received a speeding ticket this past Sunday (05/18/14) by a Texas DPS officer at 1:10pm. On my citation the officer set my court date as "on or before May 18, 2014 at 10am." How should I proceed? Do I have a case for dismissal?

I found this information in another thread:

Quoting TX Transportation Code, Title 7, Subtitle C, Subchapter A
Sec. 543.006. TIME AND PLACE OF APPEARANCE.

(a) The time specified in the notice to appear must be at least 10 days after the date of arrest unless the person arrested demands an earlier hearing.

(b) The place specified in the notice to appear must be before a magistrate having jurisdiction of the offense who is in the municipality or county in which the offense is alleged to have been committed.
...

Sec. 543.008. VIOLATION BY OFFICER.

A violation by an officer of a provision of Sections 543.003-543.007 is misconduct in office and the officer is subject to removal from the officer's position.
...
Sec. 543.009. COMPLIANCE WITH OR VIOLATION OF PROMISE TO APPEAR.

(a) A person may comply with a written promise to appear in court by an appearance by counsel.

(b) A person who wilfully violates a written promise to appear in court, given as provided by this subchapter, commits a misdemeanor regardless of the disposition of the charge on which the person was arrested.


Thanks in advance for the help.

I'm guessing the officer just wrote down the wrong date. It's kind of hard to have court before you even got the ticket.

And no, the officer will not lose their job over this. Unless of course said officer has a history of such screw ups but even then, it is not guaranteed.

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Quoting free9man

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I'm guessing the officer just wrote down the wrong date. It's kind of hard to have court before you even got the ticket.

And no, the officer will not lose their job over this. Unless of course said officer has a history of such screw ups but even then, it is not guaranteed.

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I would hope the officer would not loose their job over this. I was referring to dismissal of the citation not dismissal of the officer.

In order to have the ticket dismissed, you have to find out the real court date and make such a motion at your court date.

Whether a judge will do so, I cannot say. I doubt it but you never know.

Quote:

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Quoting free9man

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In order to have the ticket dismissed, you have to find out the real court date and make such a motion at your court date.

Whether a judge will do so, I cannot say. I doubt it but you never know.

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Am I able to make that motion at the arraignment, or would I have to wait for a trial date? Is this something I can do without an attorney? If so, how would I go about doing so?

If the officer made an obvious clerical error on the ticket, odds are you'll be issued a corrected ticket or be given notice of a corrected court date.

Bringing a motion on this type of error is tricky. If the court doesn't notice the error when the ticket is filed, you could end up defaulted and having to bring your motion in association with a motion to set aside the default. If you bring your motion before default becomes a possible issue, you could trigger the correction of the error. The judge's personality, and past experiences (or lack thereof) with errors by the officer or department, can sometimes factor into how a judge responds to such an error.

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Quoting Mr. Knowitall

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If the officer made an obvious clerical error on the ticket, odds are you'll be issued a corrected ticket or be given notice of a corrected court date.

Bringing a motion on this type of error is tricky. If the court doesn't notice the error when the ticket is filed, you could end up defaulted and having to bring your motion in association with a motion to set aside the default. If you bring your motion before default becomes a possible issue, you could trigger the correction of the error. The judge's personality, and past experiences (or lack thereof) with errors by the officer or department, can sometimes factor into how a judge responds to such an error.

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So basically it does not matter what the officer writes on the ticket as the court will just correct it?