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Can I fight a citation on the grounds of a mis-citing my violation?
San Diego, CA
Viewed 86 times.
Posted 7 months ago in Speeding / Traffic Ticket
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I received an "Minor consuming alcohol" citation. It is an infraction, not a misdeamor. The Officer wrote it down as "56.61 (B) - VC- Minor Consuming alcohol". It is not a vehicle code violation, but a violation of a local ordinance (San Diego). Is the mistake (labeling it vc) significant enough to provide grounds to fight the citation?
Answers (2)Michael Lee Becker
This attorney is licensed in California and 3 other states.
Posted 7 months ago.
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Due process requires that you be adequately informed of the charges levied against you. To the extent that the officer described the nature of the charge, "Minor Consuming Alcohol", you will most likely be deemed to be adequately informed of the charge against you. However, judges are sometimes like teachers who mark students off for minor mistakes on their exam or homework. So there's no harm in pointing the error out to the court. Maybe the judge will be impressed enough to toss it out. Good luck.
Howard Woodley Bailey
This attorney is licensed in New Jersey.
Posted 7 months ago.
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I agree with my collegue, that an error in citing the proper statutory reference is likely to be a mistake that the Court will permit the prosecutor to amend. Good luck.
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