Is my citation still valid?

Question

I got a citation going 75mph in a 60mph zone. I was pulled over at 11pm at night, and the police officer told me he was writing a citation. I was driving a maroon 2001 chevrolet lumina 4door sedan, with valid plates.

The citation says the plate number correct, but it says the vehicle was a red 2000 chevrolet 4door, which it was not.

I was wondering if the discrepancy would invalidate the citation.

Answer 1

No the citation will still be valid, we sometimes make mistakes just like everyone else. The plate number that was called out at the time the officer pulled you over is logged into dispatch and the information about the vehicle and your driver's license will be on an ACIC printout. This printout is usually attached to the citation, which is sent to the court.

Answer 2

Color of a vehicle is rarely an issue for identification in court. Red and maroon are similar enough where it would be difficult if not impossible to argue that the officer's observation skills are in question.

The one year discrepancy is likewise unlikely to be an issue. Since this could easily be a slip of the pen or a matter of misinformation about the year of the car as provided by you, the dispatcher, or even the paperwork (sometimes insurance papers have the wrong years on them as do registration papers), it is likely a non-issue. Since the year of the vehicle is not tattooed to the bumper, it is also generally not an issue with regard to the officer's observation skills.

Nothing in your post suggests an easy defense to the citation. You might consider traffic school if this is an option for you and available in your state. You might also consider hiring an attorney to challenge the radar calibration and maintenance, the officer's training, or the speedometer calibration in the vehicle. Unfortunately that will cost you a good deal of money and there is no guarantee of success.

- Carl

Answer 3

First 'maroon' is a specific shade of what most people would call 'red'. Even if an error in the year was grounds to dismiss the ticket, 2001 could look like 2000 if the handwriting was not very neat.

Answer 4

Maroon and red are pretty much the same colour. The error in the year can be ammended in court (at least here in Ontario) and would not be something they could throw the ticket out for. The only things that are considered "fatal errors" in regards to tickets (here at least) are blank spots (in important spots, not postal code) or if the officer laid the wrong charge completely.

Answer 5

You can have it dismissed based on this error BUT you will need to hire an attorney... usually charge around $300 bucks for this sort of thing.

I had the exact thing happen once before. They had to dismiss it. It's worth the $300 in comparison to increased insurance and a ticket on your driving record forever.

The fact of the matter is they didn't just get the color incorrect but also the year...

Answer 6

i've been in a similar situation. it dosen't. mainly because he got your tag number right. if he would have messed up on the tag number as well you would have been able to get the ticket dropped. what happened with me, was i was pulled over for improper tag. the state trooper that wrote me a ticket for that, put down that i was in a grand cherokee, instead of a cherokee. as far as courts are concerned, somthing like your tag number, gives the final description of your vehicle.

Answer 7

The error will not invalidate the citation because it can be corrected.

Answer 8

In my city, it wouldn't make the citation go away. You were being ticketed for speeding. Not for speeding in that exact car. They are ticketing YOU.

Answer 9

well why don't you stand in fron't of a judge and argue your point. Be sure to have your check book

Answer 10

Why don't you just pay up and forget it.???