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05-19-2009, 12:05 AM
| | Junior Member | | Join Date: May 2009
Posts: 2
| | | Is this a defective traffic ticket?
What is the name of your state (only U.S. law)? New York
I got a ticket for disobeying a turn sign driving in Manhattan. I found out that the registration expiration date is wrong. Does this make my ticket defective? Where can I find official websites/documents listing required information for a traffic ticket? I saw a few threads about this topic for parking tickets, but not sure about traffic ticket. Wondering if they are the same. Could someone help me on this? If this is already answered, could I have the key word to search on this site? Thanks!What is the name of your state (only U.S. law)? |
05-19-2009, 12:13 AM
| | Senior Member | | Join Date: Nov 2007
Posts: 8,400
| | Quote:
Originally Posted by chenweili  What is the name of your state (only U.S. law)? New York
I got a ticket for disobeying a turn sign driving in Manhattan. I found out that the registration expiration date is wrong. Does this make my ticket defective? Where can I find official websites/documents listing required information for a traffic ticket? I saw a few threads about this topic for parking tickets, but not sure about traffic ticket. Wondering if they are the same. Could someone help me on this? If this is already answered, could I have the key word to search on this site? Thanks!What is the name of your state (only U.S. law)? | no, this does not make the ticket invalid. what bad cop show are you watching??  |
05-19-2009, 08:26 AM
| | Senior Member | | Join Date: Jan 2001
Posts: 12,063
| | | The error does not prevent you from presenting a valid defense to the citation, it is valid. Even if a judge was to rule an error on a citation as a fatal flaw, a new corrected citation can be issued on the spot. No keywords needed to find this response.
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05-19-2009, 10:08 AM
| | Junior Member | | Join Date: May 2009
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| | | Thanks for replying. Is this rule the same in every state? |
05-19-2009, 10:18 AM
| | Senior Member | | Join Date: Jun 2004
Posts: 7,574
| | Quote:
Originally Posted by chenweili Thanks for replying. Is this rule the same in every state? | I don't think anyone knows the rules for all 50 states, so I'll couch my answer as "generally, yes". The ticket is not the evidence being used against you at trial, it is merely the charging instrument. Some person, usually the ticketing officer, has to testify at trial in order for the state to meet its burden. To not require this is a violation of your right to due process. So it would shock me if any state didn't follow this routine.
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Originally Posted by me Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket. | |
05-19-2009, 05:32 PM
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Originally Posted by You Are Guilty Some person, usually the ticketing officer, has to testify at trial in order for the state to meet its burden. To not require this is a violation of your right to due process. So it would shock me if any state didn't follow this routine. | Washington state is an exception. Most traffic tickets are civil violations, the officer is not required to attend or testify. A affidavit sworn in by the officer and presented by someone from the DA's office is general method used here.
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05-19-2009, 05:40 PM
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Originally Posted by racer72 Washington state is an exception. Most traffic tickets are civil violations, the officer is not required to attend or testify. A affidavit sworn in by the officer and presented by someone from the DA's office is general method used here. | I should have been clearer  Any state in which the ticket is for a crime (not a violation or infraction) has best have a provision for live testimony at some point in the judicial process. "Right to face your accuser" and all...
__________________ Quote: |
Originally Posted by me Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket. | | |
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