Can I fight a citation on the grounds of a mis-citing my violation?

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?
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Answers (2)

Michael Lee Becker

Michael Lee Becker

Contributor Level 4
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.
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Howard Woodley Bailey

Howard Woodley Bailey

Contributor Level 9
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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This answer does not create an attorney-client relationship or constitute legal advice. Instead, given the nature of this website, it is provided solely for informational purposes, for you to use as a starting point when speaking directly with a lawyer in your State. Do not assume that the legal theories I mention that pertain to NJ will apply in your State. The laws of each State; and, the facts of each case are different, and it is therefore critical for you to consult with a lawyer admitted to practice law in your State before making any decisions on how to handle or dispose of your case.
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