Phoenix, AZ asked in Traffic Tickets, Civil Rights and Constitutional Law for New Mexico

Q: If the vehicle description is wrong or incorrect on a citation(s) should they automatically be dismissed?

2 Lawyer Answers
Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: A New Mexico attorney could advise best, but your question goes unanswered for a week. Until you're able to consult with a New Mexico attorney, in general nationwide, courts will usually correct those kinds of errors. Good luck

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Consumer Law Lawyer
  • Sacramento, CA

A: Mistakes or errors on a citation, including inaccuracies in the vehicle description, do not necessarily result in automatic dismissal of the citation(s). While such errors may be relevant, they are not always determinative in court proceedings. The outcome of a citation case typically depends on various factors, including the nature of the error, the specific laws and regulations involved, and the procedures followed by law enforcement.

Minor errors in the vehicle description, such as a typographical mistake in the license plate number, may be considered clerical errors that do not affect the validity of the citation. Courts may allow prosecutors to amend or correct these errors during the legal process.

However, if the error goes to the core of the citation and raises substantial doubts about the accuracy of the charges, it could be a basis for challenging the citation. Ultimately, whether an error leads to dismissal or not depends on the specific circumstances and applicable laws in the jurisdiction where the citation was issued.

It's advisable for individuals who believe there are errors on their citations to consult with an attorney who can assess the case, determine the significance of the errors, and provide guidance on the best course of action, which may include contesting the citation in court.

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