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Errors on citation

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S

SassyBC

Guest
My fiance received a citation in the mail at my address for disorderly conduct. He is not a Pennsylvania resident, hasn't been for years, but on the citation it states that he is a resident and living at my Pennsylvania address. Is this grounds for dismissal? There are other errors on the citation. They list a drivers license number that doesn't exist, they have an inaccurate accounting of what happened. What should he do? Please help
 


L

lawrat

Guest
I am a law school graduate. WHat I offer is mere information, not to be construed as forming an attorney client relationship.

Pennsylvania:

§ 21.74. Disorderly conduct.
The following are prohibited:

(1) Fighting or other behavior that is threatening, violent or tumultuous.

(2) The possession or consumption of alcoholic beverages by persons under 21 years of age.

(3) Creating an unreasonable noise that may disturb other visitors to State Forest land.
Source
The provisions of this § 21.74 adopted December 4, 1998, effective December 5, 1998, 28 Pa.B. 6039.


Read through these to see if you can found some way to get out of the citation (lack of notice - material information wrong which implies mistaken identity or something):

http://search.pacode.com/cgi-bin/wg2?WAISdocID=3111822061+16+0+0&WAISaction=retrieve


http://search.pacode.com/cgi-bin/wg2?WAISdocID=3111822061+98+0+0&WAISaction=retrieve
 

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