If a police officer writes an incorrect charge on the ticket can it be dismissed?

Question

The officer charged me with speeding in a highway setting, when actually the situation took placed parked at a drive threw.

Answer 1

You were charged with speeding. If the location is incorrect, it can be amended in court if necessary. It will not be dismissed.

Answer 2

The officer does not "charge" you. He gives you a summons to appear in court. It will be the state or city prosecutor who charges you when they sign the ticket and file it with the court.

If there is a mistake in the charge, the court might dismiss it on that ground. However, the prosecutor would be free to file the correct charge.

More likely, if the error is only a technical defect and does not effect the elements of the offense (e.g. if the same statute applies to the speed limit on a highway and a city street or parking lot with the only difference being the maximum speed being higher on the highway), the court is will allow the prosecutor to correct the information on the charge.

Answer 3

Your question is confusing. He charged you with speeding and your complaint seems to be that ticket says it was on the highway, but you were actually in a drive through??

I suspect what happened was this: You were seen speeding on the highway. The officer pulls you over at some drive through and gives you the citation. The violation took place on the highway, so that is what is written for a location on the ticket. The officer does not write where he actually stopped you and gave you a ticket, that is not where the violation took place.

Answer 4

You were speeding at a drive through. How weird is that?

No, you will NOT get the charge dismissed. I got a speeding ticket going through a construction area at night when there were no workers present. The cop marked "workers present" on the ticket even though the time was recorded as 9pm. It was very easy to verify that there were no workers at that construction site at 9pm. The court still held that I was speeding in a construction zone with workers present.

Anyhow, I hired an attorney and got the charge reduced to improper vehicle maintenance or some crazy thing like that which attorneys are usually able to do.

Answer 5

It is very common for the District Attorney to charge something other than what is on the original citation. If the officer's report correctly related the events as he saw them, then the error on the citation, if there really was one, can easily be corrected or dealt with in Court. The officer will write a report to accompany the citation... and the facts of the case will be developed from the report... not the citation.

Answer 6

It is a matter of semantics. The fact is at some point there, you broke the law, so now you want to get out of it? Did you learn anything from your misdemeanour? Perhaps the officer was wrong, why didn't you say something to him/her at the time. I can assure you that when you go to court and you repeat this to the Judge, he/she will probably thank you for your honesty and then make you pay the fine. Much nicer that way. You committed a ticket-able offence, pay up, enjoy your day. Good luck

Answer 7

It doesn't really matter. I can tell you exactly how things will play out: 1. You go to the courthouse. 2. You point out to the Judge that the Officer 'supposedly' charged you falsely. 3. The Officer will explain the situation to the Judge. 4. The judge makes you pay the fine anyways, just because you tried to be a prick about it.

Hope that was informative!

Answer 8

The ticket won't automatically be dismissed. You (or your attorney) would have to make the argument that this is a serious mistake that calls doubt on the officer's competence, and since he messed up one part of the ticket, it's likely he wasn't paying attention to other things either. This is a common argument, so I don't know if the judge will buy it.

Answer 9

citing the officer "breaking the regulation" ought to no longer help your reason and the choose won't help you to hold it up because it has no longer something to do which includes your very own quotation. at the start, she will call for the SSN from you, it is your option to no longer supply it to her. She isn't required to tell you you do no longer would desire to furnish that advice to her. So no longer something incorrect there. additionally, her walking strolling may be the comparable condition as though she is in a vehicle. she will run around the line while the do no longer stroll sign is up with the aid of fact she became into working after somebody breaking the regulation. returned, criminal for her to try this. She did no longer do something unlawful. So, she did no longer ruin the regulation supplying you with a cost ticket. finally, courts and police have fairly some wiggle room. they are thoroughly allowed to push aside your friends' tickets yet save you responsible. it ought to have been because you have been first to circulate around the line... yet they do no longer would desire to push aside your value ticket purely with the aid of fact they brushed off your friends'. it is not honest, yet it somewhat is existence.

Answer 10

If you actually did something that would warrant a ticket being written, you can mention that in court. You would still have to pay the fine, but it won't show up on your record since the incorrect ticket would have to be thrown out. At least, that's how it works in Alabama.