Wrong Date on Moving Violation Ticket

What is the name of your state? New York

I received a ticket on 4/8/04 for failing to yield to a pedestrian in a crosswalk. The cop wrote on the ticket that the offense happened on 5/8/04. Since this date has not occured yet, is this enough to say it's a defective ticket and have it thrown out of court?

[dequeendistress]

Nope

Does anyone else know the answer to this one?

[snostar]

How about NO , can you understand that one?

[JETX]

The REAL answer:

"I received a ticket on 4/8/04 for failing to yield to a pedestrian in a crosswalk. The cop wrote on the ticket that the offense happened on 5/8/04. Since this date has not occured yet, is this enough to say it's a defective ticket and have it thrown out of court?"
*** Probably. The simple fact is that the date has not happened yet, so in order for the ticket to be valid, the citing officer would have to have ESP.

At this point, you have two possible options:
1) Contact the prosecutor and advise him/her that there is no way that the ticket is valid as the date hasn't even occurred yet. The downside to this is that once they are 'noticed', they could simply correct the ticket and give you a new one.
or
2) Make sure that at the time/date of the violation, you have an IRONCLAD alibi as to your location at that time. Then, simply show up in court on the date/time shown for your hearing and bring your PROOF with you. Simply, if you can prove that you were not at the location of the violation at the time noted, the court will have little option but to dismiss the citation. Of course, this is all based on your absolute denial of ANY knowledge of the violation. If you show up with the citation in your possession or admit to knowing of it, or admit to the wrong date, the court can again simple correct the 'simple' error and proceed.

[dequeendistress]

Really Jetx? So if HE SIGNED the ticket, then what?

Also, since officers/municipalties keep the ticket books (copies) and the officer supplies his book from which this citation was issued showing that the ticket was written within the bound book, it will show the date or proximity of date due to the dates tickets written in the order the tickets were written.

2) Make sure that at the time/date of the violation, you have an IRONCLAD alibi as to your location at that time. Then, simply show up in court on the date/time shown for your hearing and bring your PROOF with you. Simply, if you can prove that you were not at the location of the violation at the time noted, the court will have little option but to dismiss the citation. Of course, this is all based on your absolute denial of ANY knowledge of the violation. If you show up with the citation in your possession or admit to knowing of it, or admit to the wrong date, the court can again simple correct the 'simple' error and proceed

Oh, I LIKE that one

[JETX]

"Really Jetx? So if HE SIGNED the ticket, then what?"
*** Don't misunderstand.... I am only playing the 'role' of defense counsel and what defense MIGHT be argued in court. I have seen it work in some cases.... and not in others.
Personally, I would at least 'try' to defend. Whether it would actually work or not.... is entirely up to the court.

[JETX]

Originally Posted by tcsd1236

The only thing that will happen if you try to use this as a defense is that the officer will rescind the defective ticket and a corrected ticket will be issued to you. You will have accomplished nothing.

Sorry, but I disagree. As long as the writer doesn't 'telegraph' his defense and allow them to correct, it would be a simple matter to get the testimony admitted as to the ticket date being incorrect and 'damage' the credibility of the ticket. Done all the time.

[JETX]

Originally Posted by tcsd1236

Feel free to disagree; what I described IS what is "done all the time".

What television 'law' program have you been watching???

What you are describing (editing the citation AFTER the fact to fit the 'evidence') simply does NOT happen..... with a competent defense counsel.
It would be tantamount to a criminal indictment claiming that you (in this example) committing a criminal act on a certain date, then when you provide evidence to show that you weren't in town, having the prosecutor (or officer) simply changing the dates to another date that you have no alibi for!! Do you really think that the prosecutor or officer can simply 'edit' the evidence to change the date to suit??? Come on.... even television doesn't work that way.