A traffic citation was given to me for an 'Improper U-turn' - 40-6-121 . But, citation notes time of incident as 9:28 PM in evening, while it actually happened at 9:28 'AM'. Is it enough grounds for dismissal ? If so, what would an appropriate stage during court proceeding to bring it up ?
Criminal Defense Attorney
That is not grounds for dismissal. It is a minor error that is immaterial to the charge.
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Criminal Defense Attorney
I cannot answer for sure in Georgia, because I am not licensed to practice law there. However, in the jurisdictions where I am licensed a police officer or prosecutor can amend the citation to fix clerical errors such as Time location dates and even the name of the defendant in some cases, including social security number drivers license number and date of birth.
In short, this is probably not the ground for dismissal. To be sure, call the Georgia lawyer to check.
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2 lawyers agree
DUI / DWI Attorney
No. This is a deminimus, or scrivener's error. It is not enough of an error to render your citation fatally defective. At best, it could be used to call into question how accurately the officer was doing his job that day. Your best bet is to ask the prosecutor to reduce the charge to a non-moving violation, or participate in some type of court diversion program if the court has one.
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4 lawyers agree
DUI / DWI Attorney
I agree with counselor Yeargan. Although it seems like AM and PM should have some weight on your ticket but it doesn't. The court views issues such as those as scriveners errors.
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