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I was issued a citation after a car crash, (no one was injured) but the information was incorrect. Is it possible to be dropped?

Gainesville, TX |

I was in a car wreck just yesterday, I was east bound on a 2 lane, one way highway, I thought that my tire might have been low, so i turned into a crossover left turning lane with the west bound 2 lane infront of me. There was a big duley truck with two tractors on a trailor behind it. I couldnt see around him, and he had the right away. However, i knew that he needed to make a rather wide turn to be able to clear myself and the road to which he was turning on. So he waved me on, and as far as i could see the road ahead was clear, however, as i edged across i was way-layed by a big dodge duley. The citation that the officer issued me has incorrect information. I.E (the make, model, year, AND the License plate # were all wrong). Is it possible to get the citation dropped due to this?

Attorney Answers 2

Posted

It's possible the judge will dismiss the ticket based on the defects you indicate it has. I have seen them dismissed for less severe mistakes but the judge does have discretion to some extent whether to let the officer amend the citation. I have seen judges do that for the wrong accident or offense date. You need to get a copy of the accident report from the police as soon as possible and see if the officer's description of the accident is correct. He likely filled out the section of the report concerning who he believes is at fault for the accident. If you disagree with the report, you can request that it be amended to reflect the facts as you see them. You likely will not get anywhere with this request but if a claim is made against you by the other driver, you at least can demonstrate that, from the beginning, you did not agree with the officer's recitation of the facts. Have you contacted your insurance company yet? If not, I recommend you do so since I would expect the other driver to make a claim for his damages. There are quite a few traffic ticket lawyers who will be able to tell you the chances of you getting the citation dismissed based on the defects in it. Good luck.

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Posted

Yes it is possible. In many instances, a judge will simply dismiss a citation if any of the information on the citation is incorrect. Since the State has the burden of proving you were guilty as charged-if any of the information in the charge is incorrect, it stands to reason that they won't be able to prove your guilt as charged.

Have a consultation with a local attorney on the issue.

I hope this helps-

Nima Taradji
http://personalinjuryattorneyz.com

Disclaimer: I am a lawyer licensed in the State of Illinois only, and I am not your lawyer (unless you have been in my office and signed a contract). This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice. This is for entertainment purposes only.

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