Dear maximum-ga;
Thank you for allowing me an opportunity to answer your interesting
question.
As a life-long member of law enforcement myself (in another state) I
too have seen tickets dismissed because the "factual" information
contained errors.
As for New York, my research did turn up some non-authoritative
evidence that this is also practiced occasionally, but basically
limited (as it is in most states) to errors so profound that they
effectively render the summons invalid. As with my own state, in New
York it appears that this practice is most commonly limited to tickets
that do not bear all the REQUIRED information, have pertinent numbers
recorded incorrectly, or contain conflicting information.
While the rumors you have heard about tickets being dismissed because
they were not “clean” do have some truth to them, I find nothing to
indicate that an error, which is discovered and corrected by the
Officer to reflect the appropriate information, would be considered
one of these unique situations (in any state, for that matter).
Generally the erroneous information would have to cast such a doubt
that YOU were the one suspected of violating the law as to invalidate
the ticket. For example, if your license plate, driver’s license or
vehicle identification numbers or your name were recorded wrong on the
ticket, it might imply that the officer, in his affidavit, was
actually referring to someone OTHER THAN YOU – in which case you might
be released on a technicality because the ticket makes no accusation
toward “you” whatsoever. You must look for and find these types of
errors before you can even consider using factual errors on the ticket
as your defense.
In this particular case however, where a mere address was recorded
incorrectly and then rewritten, it his highly unlikely, according to
this article offering advice on beating traffic tickets, that such an
error would cause your ticket to be invalidated:
“If there are technicalities, such as the officer was out of his
jurisdictional area, he cited the wrong code, or the address is wrong
on the ticket. They are worth trying but don’t expect them to get you
a dismissal except for a jurisdictional issue. If you plan on using
this as your sole form of defense, you may be caught unaware when the
Judge over rules on your motion to dismiss, simply because of a simple
error.”
HOW TO BEAT A SPEEDING TICKET
(See the section entitled “PLAN YOUR DEFENSE”)
http://www.emoneyguru.com/speedingticket.htm
If you want to get out of THIS ticket without having to pay it, your
best bet in this case (in my opinion) is to appear in court and hope
the Officer does not show up to testify against you. It does happen
occasionally, and when it does it is not uncommon for the Judge to
dismiss the case entirely.
I hope you find that that my research exceeds your expectations. If
you have any questions about my research please post a clarification
request prior to rating the answer. I welcome your rating and your
final comments and I look forward to working with you again in the
near future. Thank you for bringing your question to us.
Best regards;
Tutuzdad-ga
INFORMATION SOURCES
HOW TO BEAT A SPEEDING TICKET
http://www.emoneyguru.com/speedingticket.htm
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“New York” ticket errors
“New York” beat “traffic tickets” |
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