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  1. #1
    Join Date
    Jun 2011
    Posts
    2

    Default Wrong Date Listed on Federal Traffic Violation Citation

    My question involves a traffic citation from the state of: Arizona

    Greetings,

    Yesterday 6/19/2011 I was going through the a National Monument park about 20 miles north of the border. I was stopped for speeding by the NPS. Come to find out my State License was suspended. I did not know this. I was driving with my wife and kids. Anyways, the officer served me a UNITED STATES DISTRICT COURT violation notice for "Drive w/ License Suspended".

    However, the officer put "06/18/2011 2:30" pm on my ticket. The actual time was 06/19/2011 at 2:30.

    Since then, I have called the DMV and got my license reinstated. Come to find out my license was suspended for failure to pay a fine for a photo radar ticket from 4 years ago!!! I have been driving with a suspended for for years!!! I had no idea!

    Anyways, the fine for this ticket I received is $587!

    Do I have any recourse here to fight this ticket?

    Many thanks

  2. #2
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: The WRONG DATE on a United States District Court Violation Notice

    This is from the Federal Rules of Criminal Procedure:

    Rule 52. Harmless and Plain Error

    (a) Harmless Error.

    Any error, defect, irregularity, or variance that does not affect substantial rights must be disregarded.

    (b) Plain Error.

    A plain error that affects substantial rights may be considered even though it was not brought to the court's attention.

    Such as a wrong date, especially one day apart, would be a harmless error, although any irregularity can be offered as a reason for dismissal, but don't count on it.

  3. #3
    Join Date
    Jun 2011
    Posts
    2

    Default Re: The WRONG DATE on a United States District Court Violation Notice

    My plan is to ask for a trial. After the officer gives his testamony, I will say that at the date and time I was in Mexico.
    I've never been to court before. I am an idiot when it comes to crap like this. What should one do? I mean. My license WAS in fact suspended, but honestly had no knowledge of it. But +$500 fine? Jesus.

  4. #4
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: The WRONG DATE on a United States District Court Violation Notice

    Quote Quoting 93blazer
    View Post
    My plan is to ask for a trial. After the officer gives his testamony.
    That would be at trial, him giving testimony, it comes after entering a not guilty plea. If you mean a Jury trial, you are not entitled to any, as there is no jail time possible, so a Bench trial is the format.

    I will say that at the date and time I was in Mexico
    What good will that do?? The officer will state he wrote the wrong date, then you will be asked where you were on the amended date?

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