Thrown out on a technicality?

[sarabellum]

What is the name of your state? Michigan

I have decided to fight a speeding ticket and my court date is tomorrow (4-9). I already had my defense ready, but as I was looking over my citation today, I noticed that the officer had entered the date of citation incorrectly....on 2 different sections of the ticket. Is this a technicality that could work in my favor, I hope?

Thank you

 

[FlyingRon]

Nope, the only thing that matters is the testimony he gives.

 

[Hey There]

AN ANSWER to your question

4-8-08
sara bellum

The wrong date on the traffic ticket is considered a material defect because ALL elements of the violation haven't been proved.(The date it happened).
Speeding Ticket FAQ , found by typing in the Google Search Window has a section explaining what material defects on tickets are along with the advice to hold back on pointing out this defect until after the officer has testified.
The ticket should be dismissed, but dismissal is at the judge's discretion.
Note: When dealing with legal issues it's important to note if the word used is MAY or SHALL.One is an option, the other a directive.
Keep us posted.

Best Regards,
Hey There

 

[Zigner]

What is the name of your state? Michigan

I have decided to fight a speeding ticket and my court date is tomorrow (4-9). I already had my defense ready, but as I was looking over my citation today, I noticed that the officer had entered the date of citation incorrectly....on 2 different sections of the ticket. Is this a technicality that could work in my favor, I hope?

Thank you

Ok, tell us what he wrote and what he SHOULD have written...

 

[The Occultist]

Even if the ticket is thrown out, cannot a new one be written with the correct date on it? I think the OP should attempt to come up with a real defense and not try to get out on this technicality.

 

[seniorjudge]

4-8-08
sara bellum

The wrong date on the traffic ticket is considered a material defect because ALL elements of the violation haven't been proved.(The date it happened).
Speeding Ticket FAQ , found by typing in the Google Search Window has a section explaining what material defects on tickets are along with the advice to hold back on pointing out this defect until after the officer has testified.
The ticket should be dismissed, but dismissal is at the judge's discretion.
Note: When dealing with legal issues it's important to note if the word used is MAY or SHALL.One is an option, the other a directive.
Keep us posted.

Best Regards,
Hey There

Incorrect.

The day a speeding offense happens is NOT an element of any speeding ordinance or statute anywhere in the United States.

 

[Hey There]

4-13-08

sarabellum

A material defect is an error that is necessary to prove an element of the offense, or that attacks the essence of the complaint.
Courts VARY in their opinion as to a material defect is.
The case may be dismissed without prejudice by the judge or magistrate (if the magistrate is authorized to do so), and the citing officer may reissue the citation, or move to have it reinstated.
• No signature on the citation by the citing officer.
• 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.

Google --Material Defects in Traffic Tickets
and
Click On--Missing Officers signature on Michigan speeding ticket. Can I beat ... for a detailed discussion on this topic.

Best Regards,
Hey There