Appeal. The judge erred in denying your motion to dismiss. If you were driving 40mph in a city, you could have been guilty of either 46.61.400(1) or 46.61.400(2), and they have different statutory elements. So failing to specify which of the two you were charged with is the same as failing to state them altogether. From State v Leach: "We affirm the Court of Appeals and uphold superior court dismissal of Respondent Duncan Leach's public indecency conviction. The Superior Court and Court of Appeals properly based their decisions on Holt which requires that a criminal complaint allege all statutory elements of the offense charged."