Material defect(s)

[domz]

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

So I got my first ticket last 1/3/09 for speeding (75 on 65). I initially have no plans of contesting and would just like pay the fine. While reviewing my ticket I noticed that the violation date was written as 1/3/08 instead of 09 (i guess the officer still have not adjusted with the new year).Reviewing the ticket further, I noticed that the officer encircled the wrong day of week (Friday) instead of Saturday. All other information are correct.

However, the what/when to do date is properly written as 3/5/09. Also, I still haven't received my notice from DMV up to this date nor the citation is available online.

I was reading through this forum and saw this FAQ. The FAQ states that this applies for Michigan State but I am uncertain if it also applies to California Law.

Material defects may include: *See MCL 257.742(1), 257.727c(3), and MCR 4.101(E)(1).

• No signature on the citation by the citing officer.* The absence of a signature is a material defect that makes the entire citation invalid. • Incorrect identification of the defendant. • Incomplete identification of the offense. • Failure to specify the location of the offense. • Failure to specify the date of the offense, or entry of an incorrect date.

Do I have a defective ticket on hand or its just me hoping I got lucky ?

Thanks in advance.

 

[I_Got_Banned]

That is a simple mistake that could be corrected in court without infringing upon your right and or ability to properly defend yourself. You know when the (alleged) violation was to have occured, you know when the citation was issued, and you clearly have an understanding of your court appearance/arraignment date/fine payment due date.

No harm, no foul...

75 in 65... An officer that is pretty stickler for the rules... I say that because a friend of mine is a Chipper and his motto is: "nine you're fine, ten you're mine" (as in if you're 9mph or less over then chances are he won't cite you, if you're 10mph or over then he most likely will).

EDIT: Let me also add that each and every piece of information the is on that citation is probably important enough as part of the big story... Some may argue that an officer may not have been attentive enough and that might suggest that his attention span was lacking as he witnessed the violation. However, you also have to understand that when an officer does make an enforcement stop, so many things are going through his mind as far as his safety is concerned. You know you're a good guy and you're not gonna pull a weapon or drive off as he approaches, but he doesn't know that!
So he might tend to miss one or two points or make an error in writing the date.... Add to that hot or cold weather, windy conditions, vehicles driving by at high rates of speed... It sort of forces you to lose your concentration at times.

 

[domz]

Thanks for your input .. appreciate it.