Traffic Citation with Wrong timing - it notes PM instead of AM !

Asked over 1 year ago - Atlanta, GA

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 ?

Attorney answers (4)

  1. James Lawrence Yeargan Jr.

    Contributor Level 20


    Lawyers agree

    Answered . 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... more
  2. Michael David Barber Jr.

    Contributor Level 15


    Lawyers agree

    Answered . 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.

    If you find this answer helpful, please mark it here on AVVO as helpful. At this time, I am not accepting... more
  3. Anthony Michael Solis


    Contributor Level 20


    Lawyers agree

    Answered . That is not grounds for dismissal. It is a minor error that is immaterial to the charge.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT... more
  4. Mark S. Solomon

    Contributor Level 15


    Lawyers agree

    Answered . 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.

    You can reach Mark Solomon at (720) 722-2050 for clarifications to any answers here. This is general informational... more

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