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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16233
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I received a traffic complaint for speeding. The officer provided

Customer Question

I received a traffic complaint for speeding. The officer provided a device that looked like an iPhone for my signature. There was nothing on the screen. I was told to just sign on the screen. The ticket was then printed out like a receipt and handed to me. After I got home, my husband pointed out that the license plate and my home address printed on the ticket were not current. I have a court date of Sept 10 to ask the judge to overturn the complaint based on incorrect data on the 'receipt' I was presented after being asked to sign a blank screen. Do you believe I have a chance to have the complaint overturned?
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 11 months ago.

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.

Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16233
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and 3 other Criminal Law Specialists are ready to help you
Customer: replied 11 months ago.

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.

Expert:  Zoey_ JD replied 11 months ago.
You are very welcome! Good luck!
Customer: replied 11 months ago.

Hi Fran!


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!


 


Kath

Expert:  Zoey_ JD replied 11 months ago.
Hi Kathy,

I'm glad I helped prepare you but I'm sorry for how this worked out.

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