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If officer documents two incorrect items on ticket is this grounds for dismissal.

Painted Post, NY |

Recently I was ticketed for a moving violation, after returning to my residence I noticed two errors logged by officer on ticket and simplified deposition. One was as to reference to the code for violation where he added extra letter at end which is in reference to no known traffic violation, the other error was as to the location of traffic stop where officer logged the interstate as where I was stopped and ticketed and it was actually off a exit ramp and in front of a 7 -11 store on a totally different highway.

Attorney Answers 5


  1. Best answer

    Judges have a lot of discretion with this. I think the error on location is more compelling.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  2. Some judges feel that if the officer can testify well regarding his view of the violation that is all that matters - others feel that if the location etc is not properly set forth that there is not adequate notice of a violation so that a defendant can not properly defend themselves. I strongly suggest you consult a local Traffic Ticket Attorney who is familiar with the local judges & court procedures - usually the attorney fee is not too expensive 7 well worth the fee. Many attorneys offer a free initial consultations. Good luck

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.


  3. These errors are often overlooked by the Court if the officer testifies as to what he actually saw. You or your lawyer can impeach the officer with the errors when he takes the stand. However, the reality is that few of these cases go to trial. I suggest you retain a local lawyer who frequently appears on traffic matters in the subject Court and he/she can use these errors to work out a good deal for you.


  4. Defects to an accusatory instruments, here a traffic ticket, are often subject to amendment until trial has started (first witness) at which time a motion to dismiss could be successful.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.


  5. These errors may help you beat this case. There may be other things that you can do the improve your chances. Feel free to call us for a consultation. We cover this court and you will NOT have to appear in kurt (if you hire us).

    Matthew Weiss, Esq. Weiss & Associates, PC 212-683-7373 www.nytrafficticket.com Since 1991, we make fighting traffic tickets as easy as possible.

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