A friend of mine got a ticket for illegal consumption, and the officer mis wrote the court date... Is it void?

Question

His court date was supposed to be in 2008, but it was mis written as 2009. Legal loop hole?

Answer 1

Not really ! The officer will see the mistake on the oringal copy and correct it before taking it to the clerks office. Then ither the officer or the clerk of court will call you to advise you of the mistake. Even if they don't and you miss your court date that you are aware, who pays the price. I know that's shitie but they will revoke your license by not showing up and it's possible that the court will give you a failure to appear. If this happens the judge will give an order for your arrest for not showing up. Now this is what could happen. I'm not saying this will happen. If you think I'm wrong I tell you what you can do. Call the clerk of court of what ever county the citation was writtren in. Ask them what could happen or if you half to show up on the date the officer wrote as a mistake or the corrected date. I'm telling you this so you want get arrested or half to go through a bunch of c**p to get your license fix.  Good Luck !

Answer 2

Mistakes do not void a ticket, there are no loop holes.  As long as the officer can identify you, and testify to the violation, the ticket will stand.

One of two things will happen, either the court will amend the ticket with the correct information, or the judge will dismiss that ticket, and order the officer to write another with the correct information. In your case, the error is minor and will be amended.

Answer 3

No luck.  The clerk of court will schedule another court date and contact your friend with the new date.

Answer 4

Wrong answer all.

I recommend following the court date given to you by the officer until an official change notice is given to you in writing!

You also make a good faith effort by following the last official notice of the court date.

You court date will most likely be rescheduled, but wait for official notification.

Answer 5

No, but it may give the ticket holder cause to have the 'real ' court date changed!!!                              

Answer 6

Careful, the judge could still consider the ticket valid under the "good faith" rule.

Answer 7

Nope - done it myself before - a motion to amend is all that needs to happen in court by the prosecutor.  

I hope his consumption ticket is not in Illinois - his license will get suspended also.

Sure listen to the guy on the bottom - and answer to the charge when you BFW - and a warrant is issued - great advise - that I suggest you avoid!