If the cop wrote the wrong court date on my speeding ticket, then is this grounds for dismissal?

Question

The cop wrote a court date on my ticket, but then I got a letter in the mail saying the court date was actually earlier than stated on the ticket. Is that a problem? Can the ticket be dismissed?

Answer 1

No it can not be dismissed. The cop who gave you the ticket is human, he isn't a computer telling you exactly how it is going to be. Cops can be wrong, and when are wrong - get it thrown in their face!
Call City Hall, or your local police department, and find out which date is correct. It may have changed due to something involving the courts. Maybe the judge who is suppose to handle it is going golfing on that date, so its pushed to an earlier date.
You never know, anyways you can always fight a ticket. I have done it on both tickets I've recieved in my lifetime, and both I won. Its worth the fight if you are right.

Answer 2

California driver.

Okay, this same scenario happened and here is a detailed route in defense I took.

I fought a speeding ticket by radar with the wrong date on it. The cop put 9/30/2013 when the date of violation was 9/20/2013. This was a significant difference. The courtesy notice sent two weeks after also was dated incorrectly on 9/30. I knew I had a shot if I could get the cop to state in court the violation date was 9/30.

At the trial in front of the judge, the cop opened up his statement with the incorrect date and did a run down of the violation in his own words.

Then it was my turn and what I did was set the cop up. I did not ask the cop which date the violation occurred first, I did not want him to become suspicious with my first question. I set him up by asking some fluff questions: 1. What were the cross-streets? 2. How fast did the radar read me? 3. What date did the violation occur? He answered all questions very quickly and confidently. BAM. The cop in his own words said the violation was on 9/30.

I then presented to the court that I was not in the city, county or area of where the ticket and violation occurred that day of 9/30/2013. The judge did not buy it at first, and further questioned me as when. I then made it politely clear that it wasn't my responsibility to tell the court when the violation took place. I then honestly told the court the correct date when it took place and that the officer's account should be discredited to a point that you could doubt my guilt.

The judge agreed and gave a not guilty.

Answer 3

Actually no it can't be dismissed on those grounds exactly. You'd have to file a 12(b)(5) motion to dismiss for improper service. You might win but you'd end up paying the ticket PLUS the cost of being personally served by a sheriff. Best to show up on the court date and pay (or pay it ahead of time if the hearing isn't required for the offense).
By the way, the cop isn't serving you at all when he writes the date on the ticket. That's why they send you the letter.... It's the letter that would be improper service, and you're VERY likely to lose!

Answer 4

It will depend on the court system in YOUR area. Some courts will dismiss it and others will set another court date so the Officer can be informed that he or she needs to appear. Most of the time if your ticket has a court date and the Officer is a no show...the case is dismissed. The Officer's supervisor should catch the mistake and make him or her reserve you another ticket with the correct court date. Agencies are different. If you are in Colorado I would be able to answer your question with a better response.

Answer 5

Look I put the wrong date on a log sheet and got a $255. ticket for it!!
I / We The People, do it and they get to say "OOPS" here's a new court date.

Misspell a word on a court brief or just use it wrongly or write it in the COMMON MAN language , they TOSS OUT THE ******* CASE!

Answer 6

Nope....sorry.

Only if other information was copied down incorrectly, such as your birthdate, License number, etc - and then, you have to openly challenge the cop's power of observation in court. Your case will not be dismissed. At least you got the right court date notified to you!

Answer 7

The courtroom date can't be an factor of the fee. subsequently, that's no longer grounds to brush off the value ticket by ability of itself. i think that as quickly as the value ticket became written, the date became appropriate, yet some thing replaced on the final minute battling the decide from conserving courtroom at that factor.

Answer 8

No good! The court is not going to care. Make sure you don't have a warrant for a no show on the actual court date.

Answer 9

no you have to go to court
and when the D.A. call on you,
you tell them you not guilty.

the state has the right to continue the case
at least once. and most likely the D.A. dont
know the officier date in court. so when you go
back same thing "not guilty". and if the D.A. try to
continue it again. you object to the judge and tell
the judge this is your 2nd time there and THE STATE KEEP CONTINUING THE CASE (MAKE SURE THE JUDGE NOW YOU DIDNT CONTINUE THE CASE) the judge will dismiss your case. cause you have the right to a fair and speedy trial

Answer 10

DUDE...if they send you a letter saying its earlier...then its earlier! you must go...they won't believe you if you tell them you didnt get the letter and if you go to the later date..they will just give you a new date and you have just screwed two days of work! Do what the guy said...dont believe anything a person says, call the courts and find out...its just a phone call away.