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Incomplete Name And Other Errors On Ticket

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  • 03-16-2008, 03:36 PM
    kierkegaard
    Incomplete Name And Other Errors On Ticket
    I was recently given a ticket with a few mistakes on it and I was wondering if they were mistakes that could have the citation thrown out. The state is California. First, the officer did not mark any box at the very top of the ticket for whether it was a traffic, misdeameanor, or non-traffic violation. Second, the name on the ticket is my first and middle name but does not have my last name. Third, the description written under eyes is clearly 130 because it matches the same 130 written under the weight category. Thank you for your help!
  • 03-16-2008, 03:39 PM
    cyjeff
    Re: Incomplete Name And Other Errors On Ticket
    Maybe.

    Maybe not.

    Officers are allowed to make mistakes as long as those mistakes to not materially change the tickets.

    You will have to go to court to find out.
  • 03-17-2008, 05:48 AM
    lwpat
    Re: Incomplete Name And Other Errors On Ticket
    Normally you will receive a courtesy notice in the mail and they will probably correct the name. The other is immaterial. If he also got your DL # wrong you may have a shot at them not having any idea who you are.
  • 03-17-2008, 09:08 AM
    cdwjava
    Re: Incomplete Name And Other Errors On Ticket
    Quote:

    Quoting kierkegaard
    View Post
    I was recently given a ticket with a few mistakes on it and I was wondering if they were mistakes that could have the citation thrown out. The state is California. First, the officer did not mark any box at the very top of the ticket for whether it was a traffic, misdeameanor, or non-traffic violation.

    Those just help direct it to the appropriate court. They are not elements of the offense ... though the court will possibly kick the cite back to the agency for revision.

    Quote:

    Second, the name on the ticket is my first and middle name but does not have my last name.
    That could be problematic, but assuming it matches the first and middle name on your license - and your license number and descriptive info is good - it shouldn't be cause for a dismissal ... but, a judge MIGHT (slim chance) find it sufficient cause to dismiss.

    Quote:

    Third, the description written under eyes is clearly 130 because it matches the same 130 written under the weight category.
    Also likely moot.

    Taken together you might be able to argue the officer was not attentive to detail and that maybe he was wrong about his observations of your violation. However, if this is ALL you have to put forth as a defense, you might consider the possibility of traffic school.

    - Carl
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