citation in PA has the wrong date and time for my accident. Fight it?

[dbbever]

What is the name of your state? Pennsylvania

I was in an accident on 6/17 at 10:55 PM on the way home from a wedding. I had been drinking, but was only .05 on the breathalizer.

The citation came in the mail last Friday and states the time of the accident as 8:30 PM on 6/18. It was a fairly minimal fine; $114 for careless driving. However, 3 points will be assessed to my license; which will raise my insuraence rates even more after my claim.

First of all is this enough reason for a judge to throw out the ticket?

Would I risk being hit with other citations/charges for taking this in front of a judge?

Should I call the cop that cited me and see If I could pay the fine and not get the points since there was a mistake o nthe citation?

Thanks in advance for any advice,
dbbever

 

[seniorjudge]

What is the name of your state? Pennsylvania

I was in an accident on 6/17 at 10:55 PM on the way home from a wedding. I had been drinking, but was only .05 on the breathalizer.

The citation came in the mail last Friday and states the time of the accident as 8:30 PM on 6/18. It was a fairly minimal fine; $114 for careless driving. However, 3 points will be assessed to my license; which will raise my insuraence rates even more after my claim.

First of all is this enough reason for a judge to throw out the ticket?

Would I risk being hit with other citations/charges for taking this in front of a judge?

Should I call the cop that cited me and see If I could pay the fine and not get the points since there was a mistake o nthe citation?

Thanks in advance for any advice,
dbbever

Q: First of all is this enough reason for a judge to throw out the ticket?

A: No; the date and time are not elements of the offense.



Q: Would I risk being hit with other citations/charges for taking this in front of a judge?

A: Yes.



Q: Should I call the cop that cited me and see If I could pay the fine and not get the points since there was a mistake o nthe citation?

A: No.

 

[rachelgarl]

Should you fight it?

You should not fight it to to reasons seinor judge provided below. Be thankful you or no one else was hurt, and you did not get a dwi. This could have been a whole lot worse for you. Excellent questions.
Q: First of all is this enough reason for a judge to throw out the ticket?

A: No; the date and time are not elements of the offense.



Q: Would I risk being hit with other citations/charges for taking this in front of a judge?

A: Yes.

 

[moburkes]

You should not fight it to to reasons seinor judge provided below. Be thankful you or no one else was hurt, and you did not get a dwi. This could have been a whole lot worse for you. Excellent questions.
Q: First of all is this enough reason for a judge to throw out the ticket?

A: No; the date and time are not elements of the offense.



Q: Would I risk being hit with other citations/charges for taking this in front of a judge?

A: Yes.

I don't know what a deferred judification is, but with insurance, even if the points are removed or reduced, the insurance company looks at the ticket. Therefore, as long as the ticket stays on the person's driving record, then there will be a ticket that the insurance company will charge for. Having said that, it [robabaly won't make a bit of a difference for the OP. OP was also involved in an accident. Since most insurance companies assign a higher weight to the accident, than the ticket, only the accident will be charged (same day occurrence). Now, OP needs to get the date corrected so that BOTH aren't charged against him/her. Accident on the 17th, and ticket for accident on the 18th.