Traffic Citation - Wrong Street Number Listed on the Citation

[rogermiller_2]

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

Hello I am from Texas. I got a traffic [Criminal] Speeding Citation today from PD. First off, I am not guilty of the alleged speed. Second, The Citation listed 1700 Block of a street, when in fact the officer was implying that he saw me speeding in the area of the 1200 Block [he said on the top of the hill where he saw me, which is the 1200 blk]. Furthermore, my car never even made it to the 1700 Block. I turned off onto a side street before I reached the 1700 Block [where the officer pulled me over]. Would the fact that he listed the wrong block be enough to get the case thrown out. FYI: There is approximately 300 yds between the 1200 Blk and 1700 Blk.

I did not speed as the officer alleged. I do not see how his stalker radar could even get my car, since there was a large fountain in between my car and his. I was driving the speed limit the whole time.

Thanks in advance for your help.

[rogermiller_2]

I just looked on my citation and my License Plate Number is wrong too. How will this effect my ticket? How should I handle the wrong blk number and wrong license plate number?

Also, the Officer Cited me under the wrong statute. He cited me under TX Trans Code 545.361 [SPECIAL SPEED LIMITATIONS] when in fact he should have cited me under TX Trans. Code 545.352 [or 545.351 not sure here].

He further labeled my vehicle as "J" instead of "Jeep", and made no mention to the model [which is "Wrangler"]

Mainly, would citing the wrong statute on my citation be enough to get my case thrown out? How should I proceed here?

[Curt581]

At your court appearance, when the judge asks how you plead to the charge, you should point out all the errors you found.

The judge will say: "I agree. The citation is defective, and therefore dismissed. Officer, reissue the defendant a new, corrected citation. Make the next court date thirty days from today".

-or-

He could amend the citation right on the spot... then ask for your plea.


Yes, they can do either of those things.

What.... you thought it would be dismissed and that would be it?

My suggestion is to argue your case based on the substance of the charge. Contrary to popular belief, listing a license plate with one digit off or mistaking a vehicle model won't create reasonable doubt that it was someone else who was issued the speeding ticket.

[rogermiller_2]

should I wait until trial to bring the errors up? Should I bring the errors up at pretrial with the prosecuting attorney? I assume they cant proceed with it like it is based on I have a right to know the charges against me and to be able to prepare a defense against them? Should I attempt to go through the trial and let them prosecute the case under the wrong statute, and then move for directed verdict based on the state cant prove the elements of the charge?

Thanks