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RobertJDFL, Attorney
Category: Traffic Law
Satisfied Customers: 13642
Experience:  Experience in numerous areas of the law.
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I received a ticket the scene of an accident. It appears I

Customer Question

I received a ticket for leaving the scene of an accident. It appears I had mixed my sleeping pill in with my morning medications. I was told I "crashed" into a semi. No damage done to either vehicle, no one hurt. I was not aware of a crash, was just trying to get off the hwy safely as I knew I was having a hard time staying in my lane and did not know why. The officer cited me as stated above. The officer filed his report but made an error on the report.m he listed the wrong car on the report (I have 2 cars). The bmv got thoroughly confused and suspended my license. I had to hire an attorney to get my license reinstated. Meanwhile I am told it may take up to 2 years to get assigned a court date for the supposed crash. Isn't there a law of some type that if the officer does not correctly fill out the citation and or report, the citation is null and void? He did eventually alter the report yet it still contains the wrong date of the vehicle in question. I sent the officer several emails which he did not return and eventually had to track him down while he was working to get him to speak with me. The lawyer I hired says I am lucky if I don't get a DUI. What are your thoughts on all of this?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  RobertJDFL replied 1 year ago.

Thank you for using Just Answer. I look forward to assisting you. There actually is no law that says a citation is null and void if filled out incorrectly. While it's true that a court could dismiss the case, for minor "scrivener" errors, it's not likely because the error was overall minor, and more importantly, because the officer will testify as to the accident, and what type of vehicle you were driving. I can tell you I've only ever seen one case dismissed for an accident report being written incorrectly, and there were numerous errors in it - the vehicle description, time of day, driver names, etc.

I would also agree with your lawyer that because you were under the influence of medication at the time of the accident which appears to be the direct cause, that you are lucky not to have been charged with a DUI. I understand that you certainly didn't intend to mix the two medications together, but that is irrelevant; no intent is required to be charged with a DUI.

If you need clarification or additional information, please REPLY and I'll be happy to assist you. Thank you.