Question:

Location Error on Traffic Ticket - Dismisses?

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I recently received a ticket for "failure to maintain line". Personally, I don't believe I actually did this and believe more they were searching for poeple to give a DUI and were disappoinated, but this is not the point.

On the ticket, the location it gives is not the street I was on. It's a street more than a mile away, which I was not on that night at all either. Is this error enough to have the case thrown out and dismissed.

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9 ANSWERS


  1. Probably won't get it dismissed, but a traffic lawyer could get it pled down to dirty license plate or something in the non-moving category.

    Or you could plead not guilty and go to the trial. If the complaining officer doesn't show up you are not guilty.


  2. It seems to me that there is more than just a "location error" that concerns you here. You feel that you didn't break the law (fail to maintain lane). If what you say here is true, it sounds like they really made some careless mistakes. I'd go to court to stand up for what I feel is right and like the other person said, if the officer doesn't show up the case will be dismissed anyhow. Chances are (going on my hunch here with the other info you provided) that they won't show up. If they show, the errors work for your side. The rest largely depends on your town and the judge. Good luck to you.

  3. take responsibility for your actions, pay the fine, and make better choices.

  4. It won't get thrown out,

    the cop will change the location on the ticket before it goes to court.

  5. Chances are slim that your case will be dismissed because of a location error but however if you hire a lawyer he can smoothen it out in court and most likely make you get away with it if not then he would atleast bring the ticket down to something less harsh.

  6. Sometimes yes - sometimes no

    The state can file a motion to amend the complaint at court or dismiss the citation and file new charges.

  7. More than likely it will not be dismissed due to a location error. If the Officer notices after he gives you the citation, you may get something in the mail with the corrected info. If not, and you chose to plead not guilty and go to traffic court, you will have the oppurtunity to ask the issuing Officer why he wrote the wrong location. He will obviously answer that it was a simple mistake. You can than ask him if he remembers where it did happen, what he saw, etc. Most Officers write notes or a brief report to explain the reason for the cite. So the wrong location alone probably won't fly for dismissal.

  8. Contrary to popular belief, errors on tickets do not mean that it will be dismissed.  Either get an attorney to plead it down or pay the fine.

  9. The violation is correct, but the location is wrong.  If the Officer can give a logical explanation as to the error, the Judge may allow the citation to be amended.  If not, it's dismissed.

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