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Zoey, JD
Zoey, JD, Criminal Defense Attorney
Category: Traffic Law
Satisfied Customers: 26442
Experience:  18+ years of high-volume criminal defense work from arraignment through plea or trial.
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I received a traffic ticket in NYC on a cell phone

Customer Question

I received a traffic ticket in NYC for talking on a cell phone and not having on a seat belt. They have the wrong DOB in the record. Is this a technicality that can result in having the ticket become null and void if I plead not guilty?
Submitted: 2 years ago.
Category: Traffic Law
Customer: replied 2 years ago.
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Expert:  Zoey, JD replied 2 years ago.
Hello,
My name is ***** ***** I am an experienced criminal lawyer.
If the car make, model or license plate was wrong on the ticket, then asking for dismissal would have merit because it would go directly to the elements of the offense. However, one could have any birth date and still be talking on a phone in a car.
Plead not guilty if you want to fight the case. From there you can certainly immediately ask the judge to dismiss the case because the accusatory instrument (the ticket) is jurisdictionally defective because it has your incorrect date of birth on it. But don't be surprised if the judge allows the officer to correct the date of birth on the ticket, since the date has nothing to do with the crime.