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Error in citation from TABC officers

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  • 01-18-2007, 03:20 PM
    radio_activity
    Error in citation from TABC officers
    I was cited on January 7th, 2007 for an open container. I'm 21 years of age and was at a place that said nothing about not having any open containers which was out of the city limits but within the county. Anyways, the ticket that was issued to me was scheduled for a court date on January 19, 2006...I read a message earlier about not acting coy over a clerical mistake but this is a major technicality in my eyes. He cited it on 2007, why did he put 2006? I would think a man of this profession should be aware of everything at all times, I understand we all make mistakes. But any how, is this ticket valid?
  • 01-18-2007, 03:48 PM
    seniorjudge
    Re: Cited by TABC officers...I have a question
    Q: But any how, is this ticket valid?

    A: Yes.
  • 01-19-2007, 02:00 PM
    radio_activity
    Re: Cited by TABC officers...I have a question
    Hey SeniorJudge, my ticket was dismissed due to the careless technicality of year. Either you don't know what you're talking about, or my message about the lack of system holds true.

    Q: But any how, is this ticket valid?

    A: Nope.

    Thanks anyways.
  • 01-19-2007, 02:27 PM
    aaron
    Re: Cited by TABC officers...I have a question
    Was it dismissed with prejudice or without prejudice? If it's the latter, it can be refiled.
  • 01-19-2007, 09:06 PM
    cdwjava
    Re: Cited by TABC officers...I have a question
    It depends on the judge ... some would do as yours did and dismiss ... others would entertain a motion to amend or allow the state to re-file with the correct date. Ya never know.

    - Carl
  • 01-22-2007, 12:02 PM
    oldnahvy
    Re: Error in citation from TABC officers
    i have a very similair problem except my court date is on the 24th of jan 2006. how did u get it dismissed or did they just drop it because ur 21?
  • 01-23-2007, 08:55 PM
    Sgt Tomorrow
    Re: Error in citation from TABC officers
    The officer could have amended the citation before the hearing in front of the judge if he noticed the error. Most police look over the citations before going to court to make sure everything is in order.
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