he wrote the address back words
Speeding / Traffic Ticket Lawyer
This question has been asked numerous times. The answer is no. Clerical errors do void a ticket. Errors can be addressed at time of trial, but they will not get the ticket dismissed.
Personal Injury Lawyer
No. This is a minor error. Also, a ticket or citation can be amended right up to the moment that it is brought before the judge. Now, let's think of a substantive defense.
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Criminal Defense Attorney
If he had written the complete wrong address, then I disagree with the other answers. A citation serves as the charging instrument. It works to give notice to the accused of the allegation against which s/he is defending. If the address is completely wrong, then there is no notice (and most prosecutors would simply not go forward.)
However, if the word are simply in reverse, then the court will likely allow the prosecutor to amend (IF they ask, they might not). If they ask to amend, you can ask for additional time to prepare given the alteration of the charging instrument.
Cynthia Russell Henley is not licensed in California. Her answer here is not only wrong, it is downright dangerous.
When you sign a traffic ticket in California, you are promising to appear in court. The citation is all the notice you are required to receive.
Failure to appear can be charged as a misdemeanor, even if the original citation was for an infraction. Even if the address was completely and totally wrong, you could still be arrested and prosecuted for failure to appear.
What's more, in California the District Attorney rarely gets involved in traffic matters. Most of the time, the arresting officer acts as prosecutor if the case goes to trial.
Please, Ms. Henley, stop pulling answers out of a place where the sun never shines! I certainly would not endanger people in Texas by telling them what to do, based on California law and practices.
2 lawyers agree
Ms. Henly, why don't you just be honest?
Your spam in states where you don't know the law is a blatant effort to raise your visibility on Avvo, not an effort to help others or a public service.
"If the address is completely wrong, then there is no notice," is positively incoherent, especially when we're talking about a citation signed by the motorist at the time of the alleged offense.
Maybe the voices in your head understand what you were trying to say, but my sixth grade English teacher -- let alone my law school professors -- would definitely have told you to rewrite your answer.
Criminal Defense Attorney
Ms. Henly, since you have taken my name in vain and slandered Mr. Marshall by associating my name with his, let's be clear. You work a public disservice when you post outside of your jurisdiction because you are answering questions about which you have no clue as to the answer.
Some of us refrain from that practice by answering only questions we think we know the answers to and not giving advice based on guesses and assumptions to the great unknowing public which like the cattle in your state graze paying no heed to what they eat.
Mr. Marshall has never made a mistake in his answers on this forum. I have. What a shame you compare him disfavorabley to me. Stay in your own pastures Ms Henly where you can recognize the wheat from the chaff and cease disgracing yourself by posting in other states for 15 pieces of silver.
Mr. Kaman is incorrect. We all make mistakes... and he's pointed out a few of mine on Avvo.
However, there is a difference between making a mistake and guessing.
Mr. Kaman is an experienced California lawyer with a long track record in California courts.
I've also handled thousands of criminal cases in California, ranging from traffic tickets to murders.
Both of us realize that our California experience doesn't qualify us to answer questions about the laws in other states.
Despite the fact that she has apparently never set foot in a California courtroom, Cynthia Russell Henley talks about "lack of experience."
The big difference is that folks like Mr. Kaman has been around the block enough times to know when to answer a question... and when to leave it for someone who is more qualified to answer.