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  #1  
Old 10-09-2008, 10:52 AM
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wrong time on DUI ticket


What is the name of your state (only U.S. law)? NY

friend got a ticket, the new system in NY is e-tickets...the first ticket the cop printed out had the wrong time, so then he printed another one out and through the first one out

is that enough for him to get out of it; bc the first one wasn't amended
  #2  
Old 10-09-2008, 11:13 AM
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So, let me get this straight...
The ticket you now have has the correct time on it, yet you want to try to get it thrown out because the ticket you DIDN'T get had the wrong time?
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Old 10-09-2008, 12:57 PM
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  #4  
Old 10-10-2008, 08:56 PM
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In answer to your question... there are usually two different types of mistakes that an arresting officer can make when writing up a ticket. There is a lot of myths that surrounds this issue and those myths have become so popular they are now assumed to be fact.

The only type of error on a citation, in my knowledge, that can be used to dismiss a charge is when an officer puts the wrong statute number on the citation. If you were arrested for DUI and the offer put the statute number that corresponds with theft, then you would have a valid legal argument. Due to the readily available technology that an arresting officer has at his disposal, it is rare that he would confirm the proper statute number prior to writing it on the citation.

If your name, address, vehicle info, personal info, time, etc. is not substantial enough to become a legal basis to throw out the citation. You could try and raise the issue at trial to discredit the officer, but I cannot fathom that this would do you any good in front of a judge.

Hope this helps
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