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.
James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.
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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