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  1. #1
    Join Date
    Jul 2010
    Posts
    3

    Default No Violation Code on Citation

    Hi guys,
    I have my speeding ticket hearing in a couple days. I forgot to mention on an earlier post that my citation does NOT have any violation code present. The officer left the box blank and I never received any notice of amendment by the court.

    Could my case be dismissed? How do I motion for such a dismissal?

    ec. 743. (1) A citation issued pursuant to section 742 shall contain the name of the state or political subdivision acting as plaintiff, the name and address of the person to whom the citation is issued, the civil infraction alleged, the place where the person shall appear in court, the telephone number of the court, the time at or by which the appearance shall be made, and the additional information required by this section.

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: No Violation Code on Citation

    Quote Quoting kevintoh
    View Post
    Hi guys,
    I have my speeding ticket hearing in a couple days. I forgot to mention on an earlier post that my citation does NOT have any violation code present. The officer left the box blank and I never received any notice of amendment by the court.

    Could my case be dismissed? How do I motion for such a dismissal?
    It might help if you would to "INCLUDE THE NAME OF YOUR STATE"...

    Also, did the officer include a description of the violation?

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: No Violation Code on Citation

    from his other post (don't know why he needed to start a new thread)

    http://www.expertlaw.com/forums/showthread.php?t=103627

    My question involves a speeding ticket from the State of: Michigan
    Violation: 95 in 70 zone (limited access highway)
    PACC Code: 257.628-1
    I don't know why he put the code he did:

    257.628 Maximum or minimum speed limits; determination; petition by township board; speed control signs, signals, or devices; public record as evidence; violation as civil infraction; absolute speed limits.
    Sec. 628.

    (1) If the state transportation department and the department of state police jointly determine upon the basis of an engineering and traffic investigation that the speed of vehicular traffic on a state trunk line highway is greater or less than is reasonable or safe under the conditions found to exist at an intersection or other place or upon a part of the highway, the departments acting jointly may determine and declare a reasonable and safe maximum or minimum speed limit on that state trunk line highway or intersection that shall be effective at the times determined when appropriate signs giving notice of the speed limit are erected at the intersection or other place or part of the highway. The maximum speed limit on all highways or parts of highways upon which a maximum speed limit is not otherwise fixed under this act is 55 miles per hour, which shall be known and may be referred to as the "general speed limit".

  4. #4
    Join Date
    Jul 2010
    Posts
    3

    Default Re: No Violation Code on Citation

    Sorry I'm in Michigan.

    I put the code I in the other thread because I called the courthouse and asked what code they had listed in their computer. My copy of the citation doesn't have any code - so obviously the officer changed something after the fact.

    Quote Quoting That Guy
    View Post
    It might help if you would to "INCLUDE THE NAME OF YOUR STATE"...

    Also, did the officer include a description of the violation?
    Yes. He left the MCL code box blank. He wrote in the description box "speeding 95/70."

  5. #5
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: No Violation Code on Citation

    the word "shall" is a mandatory provision; however, corrections to the ticket can be made if the court wants to allow it. You'll need to review your civil procedures or court rules to see if the judge has this ability. I dont know if MI allows this ... normally, you should not enter a plea until you know what you are being charged with ... make that point if you find the judge can allow a change in the ticket. Then, ask for a continuance to review the statue & case law behind it and to do discovery. (you should have your discovery documents - generally in civil cases you can write one for request for documents, one of interrogatories, one motion to admit. My state is a criminal case venue .. so you have these prepared during your first hearing date & AFTER you get a continuance then hand them directly to the prosecutor in (just walk past & hand the set to him or out of court). If he says he will not comply, then ask , in respect to the documents "then you have no documents responsive to my request?" - if he says "No", then he's screwed when & if a trial actually comes because you should object to every document you asked for when he tries to speak to it (or his witnesses say anything about it) during trial. In interrogatories, do not ask questions in respect to any type of answer that would not help you ... ask about the officer's educational background, etc (dont directly ask what you speed was) motion to admit that your speed as at the speed limit

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