I received a citation and the officer wrote 06/08/2005 as the date rather than 2006. I can verify that I was not in the area where the citation took place on that date. Can I fight this?
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Anonymous
ANSWERS: 6
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No. this can be corrected in court, under oath. Have you ever written a check and put the wrong date on it? it happens. Your citation is very valid. go to traffic court and face the consequences.
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FIGHT IT ITS A TECHNICALITY 2005 YOU WERE NT THERE.COPS MISTAKE AND MOST OF THE TIME THEY WONT APPEAR IN COURT.
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It is highly unlikely that a traffic violation will be dismissed due to such a technicality as the incorrect date on the ticket. It is even more unlikely that a police officer will miss the court appearance, as many jurisdictions penalize officers for missing them. Still that doesn't make it impossible to get the ticket dismissed or dropped to a lesser charge, but many factors--the seriousness of the offense, your previous driving record, etc.--will play into the judge's decision. Don't play into the technicality, doing so will make the judge unhappy with you. You did what you did, and he/she knows that. Ticking off a judge is not going to help you in court. Consult a lawyer about your chances of getting the ticket dropped, if he/she thinks it's likely, and it's worth the money to you, then proceed with contesting it. Most times a court appearence isn't even required, as the district will often settle rather then waste resources and precious court time on it. You will have to pay attorney fees and probably court costs, but it will be reduced or off your record alltogether. If you do get it dismissed, don't do it again.
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Not to win. You can go to court to prove that the date is innaccurate, but it really will have no just bearing on your case, unless the judge thinks your cute and lets you off due to this technicality.
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You can fight it, but you won't win if the officer shows up. The first words out of his mouth will be, "Your honor, I'd like to amend something on the citation..." The judge will take his ammendation and you'll be standing there with your defense quickly deflated. On the tickets we write in CA, there are two different places to put the dates. Think about it: Your name, your license number, your vehicle description, etc. are all on the citation. You and the officer were at the same place at the same time. The ticket won't get dismissed because you walk in and say, "I can prove I wasn't there on the date the ticket states." Obviously, it's an error.
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If you weren't there when the citation was written, I'd fight it on those grounds rather than a technicality that is inconsequential to a traffic court judge. But if you weren't there, who had your car? Incidentally, I can't speak for every police department, but in Central Florida every officer will show up to court or face disciplinary action, so don't depend on the cop not being there.
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