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Posted: 5/6/2003 8:42:35 AM EST
When a citation is rilled out, does not all the information need to be entered and entered correctly? If a citation is written and it lists the wrong model of vehicle or has blank areas in the description, does this void the citation? I can beat it anyway because it was a BS cite. But, any extra ammo would help. Here is a description of what happened... I was going around Indianapolis on the bypass, coming up on a construction zone. Right lane closed. I was in second lane from right, rightmost open lane. My cell phone rings, so I put on my turn signal and head over to shoulder to answer phone. I see a pickup in my mirror racing to get by me. I hesitate in my lane change not sure of what he is going to do. He appears to low down behind me, so I continue. Suddenly he gasses on it and comes around me half on the shoulder. I hold steady til he passes. I check my mirror again to make sure I am clear and see an unmarked cruiser coming up. The phone had stopped ringing by then, so I return to my lane and then the cruisers lights me up and pulls me over. The officer is so obsessed with reading me the riot act and trying to teach me what it takes to maneuver an 80,000# truck, that I can't even get a word in edgewise. So, I let him write the citation. He had left several blanks, including where he is supposed to mark commercial vehicle and type. He left my description off and wrote the truck model year as a 2002 insted of a 98. So, what do you say?
Link Posted: 5/6/2003 8:57:09 AM EST
Basically it all depends on the court.
Link Posted: 5/6/2003 9:49:01 AM EST
My understanding is that a traffic warrant is analogous to a search warrant in that all information entered must be accurate or it is void. Say they enter an address and list it as a brown sided house instead of a red brick house. That voids the warrant. I understand that a traffic cite works the same. Like I said, I still have it beat because it is BS in the first place, just want some extra ammo.
Link Posted: 5/6/2003 11:48:37 AM EST
It really depends on the court... now it depends how much of the ticket was not properly filled out. Lets face it if someone wrote down the just the wrong year of the vehicle or left a minor slot blank Courts usually don't throw out the ticket. A phone call to the court under the old "what if " question may help you. You would be wise to first talk to the prosecutor to see if he wants to make your offense something with out points on your license; if not then bring up the missing entires on the tickets and argue that fact. Just tell the story as it happened and don't attack the officer...Judges don't like people being foolish in their courts
Link Posted: 5/6/2003 2:15:52 PM EST
Thats what citation corrections are for. I can give you a cite written in spanish and signed by my dog. as long as i fill out a cite correction before your court date it's good.
Link Posted: 5/6/2003 2:30:44 PM EST
A citation doesn't become an official document until it is presented in court. I've made revisions on cites after being issued, but before being sent to court. also, a citation can be amended in court by the prosecutor. I once had a case go to court after stopping two cars at once, I switched the two socials, and the two girls tried to fight the ticket because of that mistake on my part. The judge found them guilty....PS Once a defendant pleas to a citation, if it was incorrect and should have been a more serious offense, it's too late. So it works both ways...
Link Posted: 5/6/2003 6:55:45 PM EST
I don't think most courts would consider those to be 'fatal errors'- i.e., ones that would cause the judge to automatically render the citation void. Usually as long as the date, time, venue, description/statute for the violation, vehicle plate, officer's info, and your name/DOB are correct, the other info isn't absolutely necessary.
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