Results 1 to 7 of 7
  1. #1
    Join Date
    Feb 2015
    Posts
    2

    Default Can You Get a Ticket Dismissed Over a Clerical Error in Your Surname

    My question involves traffic court in the State of: Tx

    According to my ticket, I'm being accused of going 66 mph on a 55 mph zone. To make a long story short, I gave the the court clerk my citation # and was then told I have court on the 17th, and should've received a letter in the mail. Since I didn't, I had to call back, because the person in charge of sending out the letters wasn't in that day. When I called back and spoke to the person in charge of sending letters, there is a person scheduled for court on the 17th with all my info but wrong last name. I was also told my correct name doesn't have a scheduled court date. According to that person, I don't have to show up on the 17th and that the error would be fixed. I called back to complain to a manager about this situation. The person that I spoke to the first time who gave me the court date told me the manager stepped out. Then when I questioned why s/he gave me that court date said "people make mistakes." I said I'd call back to speak to the manager, then put me on hold, came back to the line and said s/he was the manager and said that the person with my wrong last name didn't have my info. I asked to speak to someone else, and was told to email the judge.

    My questions are:
    1.) If I don't show up to court on the 17th and my info is still under that person (with the same first name but different last) will there be a warrant for my arrest?
    2.) Can I motion for a dismissal because of the error that was made even though it might already be corrected?
    3.) Can I motion for dismissal because my ticket doesn't have a statute #?
    4.) Can I motion for discovery already even though I don't have a court date under my correct name?
    5.) Should I email the judge about the error? (I'm a bit skeptical about the email address, because it's a yahoo account)

    I'm trying to avoid going in person as much as possible, since I live 5 hours away. Your help is greatly appreciated!

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Can I Motion for a Dismissal

    Let me get this straight. They told you that they'd get back to you with a court date after they fixed the error and you through a fit? I suggest you rein in your emotions before you get in front of a judge. It will not go well for you.

    1. Possible, but unlikely these days. If they have enough information to hit up the DMV with the failure to appear info you may find your license locked though.
    2. You can make a motion, but you're not getting dismissal over minor clerical errors (corrected or not).
    3. No.
    4. You don't move for discovery, you request the information you want from the agencies that have it.
    5. Unlikely to resolve things.

    Why don't you allow them to correct the information and get a new court date?

    Do you intend to mount a defense?

  3. #3
    Join Date
    Feb 2015
    Posts
    22

    Default Re: Can I Motion for a Dismissal

    Assuming things remain the same between now and the trial, the defendant will be answering a charge when the prosecution hasn't specified the code section?

  4. #4
    Join Date
    Feb 2015
    Posts
    2

    Default Re: Can You Get a Ticket Dismissed Over a Clerical Error in Your Surname

    Why don't you allow them to correct the information and get a new court date?

    I understand mistakes happen. Yes, I do want them to fix the error so I can get a court date. The reason for my "fit" is I want a fair shot in court. I don't want to receive a notice saying I did have court the 17th after I've been told otherwise. I did not raise my voice or speak to the clerk rudely. I simply wanted to speak to someone else, because I still kept getting questioned by the clerk if my last name had ever been [wrong last name]. My first thought, maybe that person doesn't know what they're doing or it hadn't been fixed.

    Do you intend to mount a defense?

    Yes, which is why I asked if it's too soon to start the discovery process without a court date. Sorry, I don't practice law (hence why I'm asking for advise). I've just read online and in previous threads that a ticket can be dismissed for mistakes. To me having me under the wrong name in the system is not minor, especially since the last names are completely different (my ticket says it correctly). How is my license possibly getting locked because of a clerical mistake minor?

    All I'm trying to avoid is driving over there multiple times and possibly for no reason. I'm a full time student, work, and live 5 hours away.

    - - - Updated - - -

    Assuming things remain the same between now and the trial, the defendant will be answering a charge when the prosecution hasn't specified the code section?

    This is why I'm confused and asked about the dismissal. Mistakes have been made by the officer (the date that I had to appear on or before & no code section). I'm not sure who's mistake it would be if I was put into the system twice (one with correct info and the other with a different person's name but my info). According to the clerk's office, there is someone by that other last night from Florida. Should I assume the error has been fixed, because I was told my exact address (Tx) was under that name along with my DL and citation # and now it's from Florida? This is still the same clerk who helped me and had just questioned me if I ever had that last name, which is why I'm a bit skeptical.

  5. #5
    Join Date
    Feb 2015
    Posts
    22

    Default Re: Can You Get a Ticket Dismissed Over a Clerical Error in Your Surname

    The fact that the cop made a clerical error on the citation is not by itself a reason for dismissal. A whole bunch of errors might indicate a lack of attention to detail which you MIGHT be able to translate into a credibility or competence problem. One or two errors or omissions by themselves probably don't get you where you need to be.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You Get a Ticket Dismissed Over a Clerical Error in Your Surname

    Quote Quoting jeff1970
    View Post
    The fact that the cop made a clerical error on the citation is not by itself a reason for dismissal. A whole bunch of errors might indicate a lack of attention to detail which you MIGHT be able to translate into a credibility or competence problem. One or two errors or omissions by themselves probably don't get you where you need to be.
    We weren't told of an error on the ticket itself. This could be a data entry issue at the courthouse.

  7. #7
    Join Date
    Feb 2015
    Posts
    22

    Default Re: Can You Get a Ticket Dismissed Over a Clerical Error in Your Surname

    Quote Quoting Mr. Knowitall
    View Post
    We weren't told of an error on the ticket itself. This could be a data entry issue at the courthouse.
    True. Errors by a clerk, if that's who made them, are even less helpful to the OP than those by the cop, even though neither one is likely to result in dismissal.

    1. Sponsored Links
       

Similar Threads

  1. Ticket Errors: Can You Get a Ticket Dismissed if a Notice of Correction Contains an Error
    By GreenGuy33 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 01-10-2014, 05:07 PM
  2. Ticket Errors: Can I Have the Charge Dismissed Due to an Error on the Ticket
    By inewbie in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 04-17-2010, 03:20 PM
  3. Criminal Records: Clerical Error
    By lilcym in forum Criminal Records
    Replies: 1
    Last Post: 05-21-2008, 05:27 AM
  4. Eviction Process: Eviction By Clerical Error - Can I Do Anything?
    By stonecs1 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 12-19-2007, 10:28 PM
  5. Speeding Ticket Dismissed In Error And Re-Opened
    By cwagner118 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 5
    Last Post: 07-27-2007, 07:55 AM
 
 
Sponsored Links

Legal Help, Information and Resources