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bigmomma26 · Jan 6, 2011, 07:17 PM

Got a speeding ticket with the wrong date to appear before the judge. The date I received the ticket was 12-19-10 and the date to appear on or before is 1-12-10. Can it be dismissed?

Fr_Chuck · Jan 6, 2011, 07:25 PM

Could it be, it could be dismissed ? I guess any ticket could be, will it be, no, minor mistakes, such as brand of car, color of car, tag number and date ( esp with a new year)

You may get them to re-issue a new ticket, they can since the SOL would not be over.

This is one where the intended date is obvious.

adthern · Jan 18, 2011, 01:53 PM

Though, you could try and argue that the officers inattention to detail shows that they could be mistaken in the speed. Though I would caution you that sometimes if it's a clerk as opposed to a judge this could backfire, I would keep it in the back of your mind and see how things go, when the police officer makes his statement see how the judge/clerk responds if they seem friendly, forget it and take your lumps if there is any animosity, decide if its worth the gamble.

Fr_Chuck · Jan 18, 2011, 06:50 PM

As a person who has done 100's of tickets and seen 1000's done though court, no they have never dismissed one for a minor issue, date, color of car, missing number in license and so on.

At the first of the year, most people forget to do the correct year for a while till the new year comes in.

It may be grounds for dismissing your failure to appear if you did not show up after they issue a warrant and arrest you.

adthern · Jan 19, 2011, 03:23 PM

That may be your experience; however, I have seen judges dismiss tickets for minor clerical errors or no errors (just because the judge didn't like the officer). So, while I think that it will likely not help, its worth keeping in the back of your mind when you are at the hearing. What does he have to lose?

AK lawyer · Jan 19, 2011, 03:34 PM

Originally Posted by bigmomma26

... The date I recieved the ticket was 12-19-10 and the date to appear on or before is 1-12-10. ...

The ticket said to appear on January 12th, 2010 and they meant January 12th, 2011. No. Harmless error. I hope you showed up on the 12th of this year.

JudyKayTee · Jan 22, 2011, 08:05 AM

I've NEVER seen a ticket dismissed for a minor error - and this is a minor error. I have seen people complain about minor errors and then been handed a new ticket with the "error" corrected.

I've never seen anyone walk away.

I am thinking Massachusetts must be a maverick State - many instances lately which are absolutely contrary to anything I've ever studied or actually seen in Court.

Fr_Chuck · Jan 22, 2011, 11:18 AM

Ok, I will agree I have seen them thrown out if the judge did not like the officer,

I have seen them disappear if the person was good friends with the police chief or someother high up officer

adthern · Jan 23, 2011, 01:03 PM

Gee, I guess we add Georgia to the list of "Maverick" states...

JudyKayTee · Jan 23, 2011, 02:53 PM

Originally Posted by Fr_Chuck

Ok, I will agree I have seen them thrown out if the judge did not like the officer,

I have seen them disappear if the person was good friends with the police cheif or someother high up officer

But have you seen one thrown out because of an error such as a wrong date? I agree - tickets get fixed and withdrawn all the time.

I question whether this type of error would get a ticket thrown out.

- your experience?