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

Asked over 1 year ago - 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. Eric Edward Rothstein

    Contributor Level 20

    6

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    Best Answer
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    Answered . 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... more
  2. James K. Lyder

    Contributor Level 11

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    Answered . 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.

  3. Marco Caviglia

    Contributor Level 20

    6

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    Answered . 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... more
  4. Matthew Jay Weiss

    Contributor Level 14

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    Answered . 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... more
  5. Michael R Crosner

    Contributor Level 20

    4

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    Answered . 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 .... more

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