Hi Jacustomer,An incorrect home address would not be particularly important here unless it was also the place of your arrest, since it has nothing to do with the facts of the incident itself. On the other hand, the incorrect license plate number would make this complaint jurisdictionally defective.So your argument to overturn this based on the fact that the charging instrument (the citation) is fatally defective is a good one. HOWEVER, while some judges will toss the ticket on those grounds, you can expect the other side to ask to amend the citation to remove the error. Since if the case is pitched, a new complaint can be written up correctly and refiled, some judges will simply allow the ticket to be corrected, and while you can object to that, or appeal it later if you lose the case, you'd still better be prepared before you come to court to try this matter on other grounds or to fold up right after the decision against you and pay the fine and take the points.
Thank you Fran, for your immediate response. I appreciate having your expertise in this matter in my pocket, to be prepared for what I might find when I get to court.
Thought you might like to hear how my court date went:
After stating my case, the judge stated that the reason we were all there was to discuss the law I broke, not the administrative details of the ticket.
Your advice was spot on and I'm grateful to have had that information in advance to prepare myself mentally (and financially) for the outcome. With an additional fee, the court is allowing me to pay my fine in installments.
Thanks, again, Fran, for the peace of mind!
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