If a citation on a ticket didn't exactly match a statute, can it be dismissed?

[mfairest78]

What is the name of your state (only U.S. law)? Colorado

I was pulled over for a window tinting violation(42-4-227(1), and the officer realized that I did not have a valid driver's license. He issued the ticket and cited statute 42-2-138 (1)(a) when the actual statute was 42-2-138 (1)(d). Would this be grounds for a dismissal in court? What is the name of your state (only U.S. law)?

[Zigner]

What makes you think 42-2-138(1)(a) isn't correct?

Driving under restraint - penalty.
(1) (a) Any person who drives a motor vehicle or off-highway vehicle upon any highway of this state with knowledge that such person's license or privilege to drive, either as a resident or a nonresident, is under restraint for any reason other than conviction of an alcohol-related driving offense pursuant to section 42-4-1301 (1) or (2) is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail for not less than five days nor more than six months, and, in the discretion of the court, a fine of not less than fifty dollars nor more than five hundred dollars may be imposed. The minimum sentence imposed by this paragraph (a) shall be mandatory, and the court shall not grant probation or a suspended sentence, in whole or in part, or reduce or suspend the fine under this paragraph (a); but, in a case where the defendant is convicted although the defendant established that he or she had to drive the motor vehicle in violation of this paragraph (a) because of an emergency, the mandatory jail sentence or the fine, if any, shall not apply, and the court may impose a sentence of imprisonment in the county jail for a period of not more than six months and a fine of not more than five hundred dollars. Such minimum sentence need not be five consecutive days but may be served during any thirty-day period.

[mfairest78]

It isn't correct because the suspension was under section (d) as it was a DUI charge...

[Zigner]

Originally Posted by mfairest78

It isn't correct because the suspension was under section (d) as it was a DUI charge...

You don't learn, do you?

[I_Got_Banned]

Originally Posted by mfairest78

It isn't correct because the suspension was under section (d) as it was a DUI charge...

I guess technically, it can be dismissed however, you driving on a suspended license when your license was originally suspended due to a DUI will not earn you any brownie points with the court.

Keep in mind that a citation can be amended, even after a not guilty finding!