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Defective ticket?

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itsnotmyfault

Junior Member
What is the name of your state? NY

Hi all...

I read somewhere a discussion on defective tickets. There it was stated that a defective ticket is:

1. Expiration date of your registration incorrect
2. Plate number, type or state, vehicle make or body listed incorrectly
3. Summons date and time incorrect
4. Location wrong or incomplete
5. Nature of the violation not indicated
6. Name, address license not correct

QUESTION:

If the DATE TO APPEAR is incorrect would THAT be a defective ticket? I was in a small town in upstate NY and the court is only open Tuesday nights.

I appeared on the date the ticket told me to, a Wednesday, and that
was when I discovered that court is only on Tuesdays!

I called the court the next day and was told that I still had to come back and fight as it is NOT a defective ticket with the date to appear incorrect!

Christ, I took off from work and drove 2 hours each way and now I have to do it again!

Thank you very much in advance if you can lend a hand with this
answer!
 


racer72

Senior Member
The person at the court is correct, the error does not prevent you from presenting a positive defense to the ticket. Have a nice drive.
 

itsnotmyfault

Junior Member
I am sorry, but I don't really understand your answer. I believe that by agreeing w/ the court person on the phone your (shortened) answer to my question is "No", meaning the ticket is not defective.

OK, I'm sure that is what you are saying, but what does "the error does not prevent you from presenting a positive defense to the ticket" really mean?

Why should I have to defend against a bad instrument?

Of course, if the correct short answer really is "No" then my "bad instrument / defective ticket" point is moot and I'll have to return next Tuesday, a day the officer probably won't be there and they'll just resched ANOTHER day for me to lose at work and drive 2 hours I didn't need to.

Oy.
 

You Are Guilty

Senior Member
Just for clarity's sake - the original list you posted regarding "defects" on a ticket only apply to parking tickets and (limited) non-moving violations. Moving violations, such as speeding tickets, do not suffer the same limitations. Very few things need to be "correct" on a moving violation, so a "defective ticket" defense to them rarely, if ever, works.
 

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