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I received a ticket for failing to stop at a stop sign, but the officer wrote the date of the incident for my date of birth.

Katy, TX |
Filed under: Criminal defense

Is this significant to get the ticket dismissed?

Attorney Answers 4

Posted

This error will not get the citation dismissed.

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Posted

These are commonly referred to as scrivener's errors. Since they do not tangibly effect that you are on notice of the violation you are alleged to commit, the courts generally allow the prosecution to amend them on the court appearance if it comes to their attention. Some judge's take a bit of a dim view of such things, but for the most part it is treated as no big deal.

John Yetter
www.brucarandyetter.com

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Posted

This is a common question. The answer is no. Simple administrative mistakes are often deemed as irrelevant by courts. On occasion, I've observed self-represented clients make an entire defense on issues like this - the result, the Court viewed it as the client trying to "get by".

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Posted

NO, not at all. It would be obvious to the court that you wouldn't be old enough to drive if you were born on the date of the incident. Such a clear scrivener's error would not of itself cause a judge to dismiss the ticket.

If you need the ticket dismissed, hire a local lawyer who handles these kinds of cases, day in and day out. He or she will have personal knowledge of what arguments are persuasive with the judge in that court, and which are not.

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