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  1. #1
    Join Date
    Aug 2015
    Posts
    6

    Default Will an Ordinance Violation Citation be Dismissed if the Law Citation is Incorrect

    My three questions involve the same traffic ticket from the state of: south carolina

    1. Is a ticket invalid if the cite is incorrect?
    Greenville, SC ordinance 24-214; resisting arrest.
    On the ticket the cite is 24-214(b).
    24-214(a) specifies "it shall be unlawful", etc.
    24-214(b) gives the legal definition of "Law Enforcement Officer".
    (Get ready to roll your eyes - lol)
    I guess they charged me, according to the ticket, with not knowing the legal definition of "law enforcement officer", which kind of makes sense, since I was yelling at him (he seemed confused by that). The Resisting Arrest charge came from refusing to get out of my car, as I was afraid of them using physical violence against me. Seven police cars on scene. Since (b) is not a crime, should that ticket be thrown out?

    2. The ticket states in the "NAME OF COURT" field, the name of the Judge, instead of "Greenville Municipal Court".
    Being the chief judge of that courthouse doesn't change the name of the court, does it? To me, it's about perfecting the ticket, not semantics, right?

    3. Can this city ordinance 24-214 be expunged, both if the court ignores the "(b)", and/or if it is dismissed but shows up on my criminal records report?

    Comments? Thanks!

  2. #2
    Join Date
    Mar 2013
    Posts
    1,279

    Default Re: Will an Ordinance Violation Citation be Dismissed if the Law Citation is Incorrec

    Simple clerical errors do not invalidate a citation.

    The judge is a wise, patient and understanding man. When you get to court, bring these errors to his attention. He will then direct the citing officer to amend his citation. The officer will do so, making the desired corrections. Your complaint will have been remedied (making you happy) and the trial can proceed. Justice is swift.

  3. #3
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Will an Ordinance Violation Citation be Dismissed if the Law Citation is Incorrec

    Quote Quoting chazebs
    View Post
    My three questions involve the same traffic ticket from the state of: south carolina

    1. Is a ticket invalid if the cite is incorrect?
    Greenville, SC ordinance 24-214; resisting arrest.
    On the ticket the cite is 24-214(b).
    24-214(a) specifies "it shall be unlawful", etc.
    24-214(b) gives the legal definition of "Law Enforcement Officer".
    No. According to the online version of the Greenville, SC ordinances, § 24-214(b) is the following offense:

    “It shall be unlawful for any person to obstruct any street, alley, park, square, public right-of-way or sidewalk by sitting in chairs or on boxes or window sills or other objects within the limits of such street, alley, park, square, public right-of-way or sidewalk.”

    So it is in no way related to resisting arrest. Section 24-216(a) is the crime of “interfering with officer in performance of duty.” Subsection (b) provides the definition of law enforcement officer and thus I am assuming it is this section that you were looking at. If the officer really did cite you for § 24-214(b) when the problem was interfering with the officer then you should be able to easily get the charge of violating § 24-214(b) tossed out. However, the city could simply come back and file the correct charge for violating § 24-216(a). So getting rid of the current charge, while a good thing to do, might not put an end to your legal issues resulting from this stop.


    Quote Quoting L-1
    View Post
    The judge is a wise, patient and understanding man.
    The judge might also be a woman.

  4. #4
    Join Date
    May 2017
    Location
    Florida
    Posts
    355

    Default Re: Will an Ordinance Violation Citation be Dismissed if the Law Citation is Incorrec

    A scrivener's error is nothing, and the state can simply amend the charge orally in court. Or, if there is a charging document other than the citation then the charging document need only make the correct citation to the right municipal code section. Not a fatal error if it is an error at all.

  5. #5
    Join Date
    Nov 2015
    Location
    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,678

    Default Re: Will an Ordinance Violation Citation be Dismissed if the Law Citation is Incorrec

    Really, scrivener? To say that this is an archaic and obscure word is an understatement! Well played!

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