Ticket has wrong subsection Valid dismissal?

What is the name of your state (only U.S. law)? Florida. Orange county. I received a citation for violating the Florida move over act statute 316.126.1a which briefly states to move over and slow down for a moving emergency vehicle with visible or audible signals. However I was pulled over and informed by the officer that I violated the "move over act" by passing his and another in front of his parked emergency vehicle with lights flashing and was issued a citation with the above statute printed on it. This should have been 316.126.1b according to florida statutes. My question is this: Since the ticket/citation subsection is not correct of which I'm not guilty of , would this be reason for it to be dismissed. I've been informed that the judge could allow the officer to correct his mistake at the hearing. I've also been informed that prejudice of amendment should be used, but I don't know what that is. Any help and advice is appreciated. Thank you in advance.What is the name of your state (only U.S. law)?

The actual ticket isn't as important as what they say in court. They will have the opportunity to realize and correct their mistake.

post your ticket

if ALL it says is the citation for the wrong statue, they could have a problem depending on the judge. Object to testimony not relevant to the section .. once the trial has started, they cannot willy nilly change the charge. Ask the officer if his vehicle was moving during cross and then when the state has rested; motion for aquittal on the charge they charged you with.

Oh boy.

Yes, the charge can be amended prior to the start of the trial.

Subsection is incorrect in citation Florida statute

The citation has under violations or comments "MOVE OVER ACT" . The statute section printed on the citation is 316.126.1a where 1a is the subsection. The citation should have read subsection 1b. Can the subsection be amended to 1b from 1a once the officer has given testimony. If not can I use this to move for dismissal?

As we said, they can change things up until the trial starts. Then if they are still in error as to which part of the statute they are charging you with, you can argue that you are not guilty of the particular offense you are being charged with.

However, they could have just charged you with 316.126, as long as the particulars are valid.