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Tickect Dismissal in MA due to incorrect date!!!

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pgk500

Junior Member
What is the name of your state (MA).
Hi there,
I received a ticket for soing 86 on 55 limit.I received a receipt notice with an incorrect date.The date on the notice said 24th may but I was in New Jersey on 24th and I have documents to prove it, but I do not know the date on the citaion as I did not make a copy of it.So I am not sure if it is an clerical error or officer's error.Would it be possible to get this ticket dismissed regardless of who commited the error.Any advice on this matter would be appreciable.
thanks,
P.K.
 


Curt581

Senior Member
What is the name of your state (MA).
Hi there,
I received a ticket for soing 86 on 55 limit.I received a receipt notice with an incorrect date.The date on the notice said 24th may but I was in New Jersey on 24th and I have documents to prove it, but I do not know the date on the citaion as I did not make a copy of it.So I am not sure if it is an clerical error or officer's error.Would it be possible to get this ticket dismissed regardless of who commited the error.Any advice on this matter would be appreciable.
thanks,
P.K.
Of course it's possible to have it dismissed.

It's also possible that the court will direct the officer to reissue a corrected citation.
 

The Occultist

Senior Member
You really think that is going to work? If you were not in the area when you got the ticket, then how could you have gotten the ticket? Big duh on that one.

As Curt mentioned, yes, that is grounds to get the ticket dismissed, but there is nothing preventing the officer from writing you a corrected ticket, so all you'd be doing is delaying the inevitable.
 

Orcons

Member
What is the name of your state (MA).
Hi there,
I received a ticket for soing 86 on 55 limit.I received a receipt notice with an incorrect date.The date on the notice said 24th may but I was in New Jersey on 24th and I have documents to prove it, but I do not know the date on the citaion as I did not make a copy of it.So I am not sure if it is an clerical error or officer's error.Would it be possible to get this ticket dismissed regardless of who commited the error.Any advice on this matter would be appreciable.
thanks,
P.K.
Was this a civil violation? If so, file a public information request asking for copies of both sides of the officer's ticket - that will tell you where the mistake was. (MGL Chapter 66 Section 10 is the relevant law.) While you are at it, if you want to fight this you should also ask for information concerning how your speed was measured (e.g., officer's training, calibration records, etc.)

I would not be so sure that the officer can just reissue the ticket. In MA tickets have to be given at the time of the offense or as soon after as reasonably possible so my gut says that it can't be reissued with the correct date. I don't know this for a fact, however. At the same time, I don't think the judge has to dismiss it for this error. You should, though, be able to use this error to bring into question the officer's credibility (if he got the date wrong maybe he got your speed wrong too.)

Good luck.
 

The Occultist

Senior Member
You should, though, be able to use this error to bring into question the officer's credibility (if he got the date wrong maybe he got your speed wrong too.)
Yes, because officers with radar guns in their vehicles also keep calendars in their vehicles because they are very similar sets of data :rolleyes:
 

Orcons

Member
Yes, because officers with radar guns in their vehicles also keep calendars in their vehicles because they are very similar sets of data :rolleyes:
You claim to know more than others but it appears you don't know what day it is without a calendar. What a putz.
 

The Occultist

Senior Member
You claim to know more than others but it appears you don't know what day it is without a calendar. What a putz.
I never said it was the case with myself, but I am pointing out that looking at a readout on a gun or looking at a speedometer are not areas that will tell me today's date; this is not a route that will yield any favorable results for the OP.

Also, you should likely cease the name-calling. :cool:
 

Maestro64

Member
Think about this way, the date or time on the ticket only become relevant if it is an element of the offense like no parking on Mondays, or if the speed limit change on some particular day due to construction or something else. Otherwise it does not matter what date he wrote.

The problem is your trying to establish an alibi and saying you were somewhere else when said ticket was supposedly issues, the problem you have is simple, how do you explain to the judge the fact you have the ticket in hand and you knew to send it in to set up a court date. if you were somewhere else on said day.

As with most tickets the officer does not have to prove when it happen just that it did happen.
 

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