Wrong Date

New York State

My wife received a ticket on 3/28/04 but the Tropper wrote the date wrong he put the 29th!!!
So is it still a good ticket or because he put the wrong date can she go to court and get it dismissed??
Speeding 69 in a 55 zone 1180 sub B
Thanks Superjray

[HomeGuru]

Originally posted by superjray
New York State

My wife received a ticket on 3/28/04 but the Tropper wrote the date wrong he put the 29th!!!
So is it still a good ticket or because he put the wrong date can she go to court and get it dismissed??
Speeding 69 in a 55 zone 1180 sub B
Thanks Superjray

**A: she can go to court and try. The judge will simply ask "And Mrs., what date did you actually get this speeding ticket? Ok, so let me get this straight. For the record, you were not speeding on the 29th but rather the 28th? is that correct?"

[JETX]

"So is it still a good ticket or because he put the wrong date can she go to court and get it dismissed??"
*** ACTUALLY, if your wife can PROVE (timesheets, etc.) that she was somewhere else at the time of the violation, there is a strong chance that the ticket would be dismissed.

[HomeGuru]

JETX, and what would the NY Tropper need to prove?

[JETX]

He would need to be able to prove that she was the driver of the vehicle at the time of the violation. And if she can prove (by alibi) that she could not have been the driver at the time shown on the citation, the court would have to dismiss against that person.
(Seen it happen MANY times.... and once when I was the citing officer!).

[HomeGuru]

Originally posted by JETX
He would need to be able to prove that she was the driver of the vehicle at the time of the violation. And if she can prove (by alibi) that she could not have been the driver at the time shown on the citation, the court would have to dismiss against that person.
(Seen it happen MANY times.... and once when I was the citing officer!).

**A: very good. But were you ever a Tropper?

[JETX]

No, but I used to watch TOPPER... had a crush on Anne Jeffries.... remember, she was the ghost who died in the car accident with her husband.

[HomeGuru]

I liked her topper too.

[JETX]

Originally Posted by tcsd1236

The old ticket would simply be pulled and a corrected ticket issued with the proper information. Incorrect information is not a gimme on getting any ticket tossed out.

*** I don't know what tv show you are watching, but 'criminal law' (that is what tickets are.... citations for violation of law) simply does not work that way. There are several 'minor' errors that are 'allowed' on tickets (color of car, etc.) that are not considered fatal errors. However, if the officer writes the citation with CLEARLY incorrect critical issues, they simply are NOT 'edited' after the fact...... if defended correctly.

Of course if the violator calls the officer or prosecutor BEFORE the trial and says, "Naaa, naaa!! The ticket is wrong as follows!!) he is clearly admitting that HE/SHE was the person who received the ticket and that admission can be used to amend the citation.

However, if the violator is SMART (seldom the case), he/she will keep their mouth shut and arrive with PROOF that what the officer STATED in the ticket was simply NOT correct..... and PROVE that it wasn't. Say, in this case, on the date shown on the ticket the violator has SOLID evidence that he was NOT at the location at the time of the violation. The fact is that will 'taint' the credibility of the entire citation..... and in most cases, get it tossed.

What you are saying is tantamount to a criminal indictment claiming that you (in this example) committed a criminal act on a certain date, when you can prove you were out of town on that date. Do you really think that the prosecutor can simply 'edit' the evidence to change the date to suit??? Come on.... even television doesn't work that way.

[JETX]

To your benefit, I have to assume that you are confused. Do you really expect us to believe that, as an LEO, you commonly alter the evidence AFTER the fact?? Come on, you can't be serious!!!

Or possibly you have misunderstood THIS thread.

Let me try to help you..... there are two types of information that go on a citation. Some of the information is 'informational' (not critical to the relevance of the citation). For example, it makes no difference if you say the car is silver, and they say it is gray. Or if you say it is two door, and it is really four door.

The other information is CRITICAL to the case being made. Such as 'identification' of the driver (moving violation) or vehicle (non-moving).... or date and even (exact) location of the 'crime'. Lets look at some scenarios:
1) Parking citation. Officer puts down wrong license number. Ticket can be tossed if subject shows that vehicle was NOT at the location at time/date.
2) Moving citation: Officer puts down wrong date. Ticket can be tossed if subject shows that driver nor vehicle were at that location at that time.
3) Moving citation: Officer says violation occured on a street that is not within jurisdiction. Ticket can be tossed.

There are lots of other scenarios that can cause an issued citation to be invalid..... if the subject has competent counsel.

I have to think that either you are in a small 'hick' community with VERY friendly officers and prosecutors, or are doing this in violation of the subjects rights since they don't have counsel, or are simply watching too much television and have no idea how the law works (or is supposed to work).

And as a former LEO, I do NOT condone speeding, nor am I some kind of liberal 'let them free' person. However, even when I may not disagree with the writers actions, I am obligated to advise him of his rights to challenge an incorrect citation (or indictment) if warranted.

nor am I some kind of liberal 'let them free' person.

I'll give a big AMEN on that burdder

[JETX]

Originally Posted by tcsd1236

Friendly prosecutors? Since when have DAs and LEOs ever been "friendly".

You aren't implying that 'Sheriff Andy Taylor" wasn't 'friendly' with the local court staff are you??? Of course he was. Why else do you think that they never had him in the courtroom???
Kind of ironic though.... that his second most popular show was as an attorney!!

And don't tell me that you have NEVER seen or heard of a some influential persons (or family member) traffic citation 'disappear' from the docket!!