Results 1 to 4 of 4
  1. #1
    Join Date
    Jun 2011
    Posts
    5

    Default When Will a Material Error Nullify a Traffic Ticket

    My question involves a speeding ticket from the State of: NM


    While passing through ABQ last week, got pulled over for 14mph over the 65mph limit on I-25 by NMHP.

    Had been 75 on I-40 all the way in from AZ.

    Highway Patrol was on far right shoulder, my vehicle was far left lane (3 lanes over) in fairly congested late afternoon traffic.
    He claimed to have used 'Goldeneye' Radar via his rear receiver, but would not give further info regarding what band it used, or show me a printout/screen of the speed, saying we'd figure that out in court.
    Radar detector with X, K, Ka, Laser did not make a peep.


    Handed my CCW, DL and Insurance info over, and it was easily a 10 minute stop, meaning he had plenty of time for accuracy, did not get an urgent call in the middle of writing it, etc..

    He stroked me the ticket, but on review a couple of days later, I noticed he put my Middle name as my First name, and my First Name as my last name on the ticket
    e.g. example name: James Michael Smith, but filled on ticket as: Michael James
    My last name was completely omitted from the citation.


    DOB, DL # etc. written on ticket are all accurate. I am not a NM resident.
    My name is as simple as the name above, all english, and it is listed on my license as First, Middle, Last.
    Is this guy in some way trying to let me off, or did he have a brain fade?

    Question:
    In NM, is this material error enough to invalidate the citation?


    Thanks.

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

    Default Re: Material Error on Nm Speeding Ticket = Nullified

    That is what is known in the law as a "harmless error" and is not likely prejudicial to you enough to warrant a dismissal. You can ask for a dismissal for any legal reason though.

  3. #3
    Join Date
    Jun 2011
    Posts
    5

    Default Re: Material Error on Nm Speeding Ticket = Nullified

    Thanks, BOR.

    Would that harmless error require me to be re-served in which case it may be too logistically cumbersome (since I live out of state) and lead to a dismissal in that regard?

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

    Default Re: Material Error on Nm Speeding Ticket = Nullified

    Quote Quoting Eskimonio
    View Post
    Thanks, BOR.

    Would that harmless error require me to be re-served in which case it may be too logistically cumbersome (since I live out of state) and lead to a dismissal in that regard?
    A "harmless error" is just that, no harm no foul, one which the court will not dismiss the case for, it is different from a "plain error".

    In the event the court dismisses it for lack of attentiveness by the officer he will most likely not permit it to be refiled, BUT if he does permit it, yes then it may be prejudicial.

    1. Sponsored Links
       

Similar Threads

  1. Ticket Errors: Place of Occurance Error on a Traffic Ticket
    By simchadp in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 12-02-2010, 11:00 AM
  2. Lights, Signs and Traffic Controls: Miswritten Traffic Violation, Will This Error Help Me to Get the Ticket Dismissed
    By ddcook21 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 4
    Last Post: 11-15-2010, 04:42 AM
  3. Ticket Errors: Wrong Model Type Error on a Traffic Ticket
    By dolby2thx in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 06-16-2010, 08:58 AM
  4. Ticket Errors: Error on Cellphone Traffic Violation in New York
    By babytab in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 03-30-2009, 07:03 PM
  5. Traffic Citation Error
    By cof2214 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 03-13-2008, 03:08 PM
 
 
Sponsored Links

Legal Help, Information and Resources