If a police officer makes a mistake writing a citation is it still valid?

Question

I am looking at my speeding ticket and he wrote the wrong date/time. A friend told me that because the cop messed up the information on the ticket, it might be thrown out by the court. Does this idea hold any validity?

Answer 1

Unless the mistake relates directly to the elements of the offense, it will not matter.

Speeding is illegal at any time, on any date, so the ticket is valid.

The judge will either amend the ticket with the correct date/time, or dismiss it and order the officer to write another with the correct information.

Trying to get dismissed is risky... it shows you are not accepting responsibility. You have a better chance accepting the ticket and hoping the judge reduces it.

Answer 2

My car "popped" out of park in a small parking lot and rolled back and knocked over a sign that was owned by the town (this was in New Jersey). I got a citation based on an obscure State Law (which I think is rarely enforced since the officer spent 15 minutes on his computer in the car looking it up) which says you must have your parking brake on WHENEVER your car is parked (even in your driveway). Most of the ticket is correct, but my car is a 4 Door Ford Taurus and the ticket say 4 Door Ferrari. Any thoughts ? Wrong description of the car.

Answer 3

The citation is still valid, and if I make an error on a citation and I notice it before I turn it in, I can simply correct it and initial by the correction I made before I send it to the court and in court I may state for the record that I made an error on the citation. Just because I made a simple "clerical" error when writing out the citation does not negate the fact that you violated the law. Additionally, on most citations, it says "on or about" and then there are blanks for the date. It doesn't ask for an exact date and time. I think your just looking for a way out of your ticket like most of the people who post questions in these forums. Bringing this up in court may irritate the judge whohas the authority to increase your penalty, just pay the fine!

Answer 4

Very rarely (at least where I come from) will minor mistakes get a ticket thrown out. If your name, DOB, Driver's license number and physical characteristics were all totally wrong, then I could see it, but mostly, one or two little errors won't get it tossed.

What was the actual date/time of the citation and what was written on your citation?

Cops are human and make mistakes just like everyone else.

Answer 5

Wrong date and time of offense on the citation can be enough to get it thrown out but judges realize cops are people too. The cop can re-issue a citation to you with the correct date and time.

Answer 6

My daughter was in a bad car accident where she was hit form someone entering the main street from a side street and hit her on the passenger side door and front bumper; however when she was taken to the hospital the officer listen to the lady at the scene who hit my daughter; never talking to my daughter at the scene, because she was already at the hospital and showed up in her hospital room with 2 citation 1. failure to stop at a stop sign 2. driving recklessly w/disregard. She was the one driving on the main street and had no stop sign to stop at, the other lady somehow convinced the officer, it was my daughters fault. These people have already put in claims AND BEEN PAID against our insurance and now want more money for injuries; however no one went to the hospital but my daughter and her co-worker! What can she do?

Answer 7

Yes, if I were you I would check with your state policy/laws with regards to citation. Or consult with a court appointed lawyer.

My citation was thrown out because the officer fail to specifically indicate what I was drinking in public. He wrote open container which in the eyes of our laws can mean many different things.

Yours is different from mine however there is a strong possibly that it can get thrown out.

Answer 8

Technicalities usually do not get someone off the hook for something.....either way, you know you received the ticket, bring it to the judges attention in court, he'll probably ask the officer, and the officer will correct him/herself. The judge generally finds that good enough...so....good luck with that...

Answer 9

I got a passing on the right ticket and he wrote 2012 instead of 2014? what should I do?

Answer 10

Depends heavily on the judge in your jurisdiction. It's probably worth giving a quick call to an attorney who does traffic law in your area. You could also go at to court to see what happens, but then you might have to pay court costs.