Will the traffic court dismiss the CITATION, if the POLICE OFFICER had put a "WRONG DATE" ON THE TICKET

Question

THE ACTUAL CITATION WAS RECEIVED ON 10-15-06 MONDAY. BUT THE POLICE OFFICER PUT 10-18-06 MONDAY. LOS ANGELES CALIFORNIA.

Answer 1

A traffic citation is called an accusatory instrument and, just like any other legal papers, must accurately reflect the circumstances of the accusation. If he put the wrong date on the citation, it's a defective instrument and should be dismissed unless the judge allows him to amend. If it was one of my Officers, he be writing me a Special Report as to why he created a defective accusatory instrument.

Answer 2

The judge may not dismiss the case because you may need to prove where you were on the other date to show you were not there at the time of the citation.....Bring something that will substantiate you were not at the scene at the time of the incident....Friend, documentation (at another far away location, etc.) and maybe the judge will throw out the ticket.

However, if you just make a claim it was the wrong date, with no substantiating evidence, the police officer would have to admit in court that he made the mistake or you must somehow prove the officer was not on duty at the time.

Chances are, there will be some compromise on the ticket, but, it is worth fighting....

Answer 3

Im in the Midwest and up here if you take a ticket to court it has about a fifty fifty chance of getting thrown out or judged in your favor. I have seen cases were i am from be thrown out of court for not having a clerk stamp a lil seal on a document. So my guess would be yeah. You may be able to search state taffic offences that were overthrown threw google. The bottom line is that the only thing you could lose is a lil time if you contest the ticket. If the judge is an A-s-s, then try to pursuade that you did nothing wrong in the first place. That in conjunction with the oversight should be enough in a busy traffic court.

Answer 4

I doubt it. I had a citation with the wrong color vehicle named, and it was not dismissed. You still need to show that the evidence of the actual violation is flawed. While errors on the citation can help in reducing credibility, there probably needs to be more than just that to convince a judge that the citation is invalid.

Answer 5

in Ca the officer can amend the ticket if they make a mistake on it so no it will not be dismissed, grow up fess up to what you did and pay the fine don't wast the courts time by fighting over the date our tax dollars can go to better use then you trying to get out of something you did

Answer 6

Too bad he wrote "Monday." He will just argue that he intended to write 15. If he hadn't done that, you could probably create an alibi for the time of your ticket. However, they usually have everything computerized now, so the real time will be reflected in other records. I don't think it will be dismissed.

Answer 7

Seeing as he still put Monday down, not too much luck, if it was the completely wrong date, you could argue that you weren't there at that time (unless you were i.e. driving home same route like home from work, etc) Good luck

Answer 8

I would try it.I beat a speeding ticket once because the photo radar unit model was misquoted in the report.My lawyer saw it immediately and I walked

Answer 9

Yes if you take the time to go to court, and explain the wrong date they will dismiss, immediately.

Answer 10

You can argue, but i doubt it. It has to be in reguards to your gender or race. I tried to fight a ticket that had my birthday wrong. The judge just knocked ten bucks off and told me the same thing i am telling you.