tampering with a citation

[stevenjsharp]

Once a citation has been issued by law enforcement can they tamper with anything on the citation after the fact?What is the name of your state (only U.S. law)?

 

[LeeHarveyBlotto]

U.S. law only.

 

[CdwJava]

Once a citation has been issued by law enforcement can they tamper with anything on the citation after the fact?What is the name of your state (only U.S. law)?

Generally, no. But, before that can be answered definitively we need to know what state this is in, and what was the nature of the alleged tampering?

 

[stevenjsharp]

I live in Minnesota. My citation is for "operate watercraft without required navigation lights". The citation was issued on 6/29/2011 but my court date he wrote down is 4/27/2011. I called the phone number on the back on 7/28/2011 and was told I missed my court date. I then asked the person on the phone if they had the actual citation in front of them, she said hold on let me get it. I said what does your copy say under "court date"? Does it say 4/27/2011? She said it looks like it may have been a 4 but it looks like it has been crossed out and a 7 is next to it. Now on the bottom of the citation it says "you are hereby at the above designated time and place". Below that it says the complainant, being duly sworn, swears to the best of his/her knowledge and belief that the information contained is true and correct. Below that is the officers signature. The boat does have proper navigation lights. I guess I just want to see if I can have the citation dismissed due to the officer changing the court date. Because if they can get away with changing that who's to say what else they can change without your knowledge to which you have no way to defend it.

 

[CdwJava]

The officer changing the court date (assuming he did so without proper notice) is not likely to cause a dismissal of your case, though it might be grounds to dismiss any penalties you might otherwise receive for failing to appear in court.

If MN prosecutes traffic offenses through the use of a prosecutor of some kind, you might want to bring the issue to that official. If not, then you might want to consider a complaint to the employing agency.

But, the issue may be considered two separate matters and unrelated to your guilt or innocence.

There might be someone more familiar with MN law in this regard, but even in my state where this is verboten, such a change would not necessarily invalidate the offense. However, here, there are ways to leverage that such that the offense could get dismissed ... I imagine that is the same there. Look up "demurrer" and how it might apply in MN law.