Scotts Valley, CA asked in Criminal Law and Traffic Tickets for California

Q: can a drug possession ticket dismissed if the cop wrote put wrong license plate number and wrong reg. owner on ticket?

I was sitting in my car (regsitered to me), i received a misdemeoner citation for drug possession and drug parahernalia. Cop wrote down wrong license plate number (one letter was incorrect) AND wrong registered owner on ticket. is this grounds for dismissal?

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1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, errors on a citation such as incorrect license plate numbers or registered owner information may not automatically result in dismissal of the charges. However, such errors could potentially be used as part of a defense strategy to challenge the validity of the citation. The court may consider the accuracy of the information provided by the officer when determining the admissibility of evidence and the credibility of the citation.

To pursue dismissal based on these errors, you would typically need to raise the issue during your court proceedings. You may choose to present evidence, such as documentation proving the correct license plate number and registered owner of the vehicle, to support your case. Additionally, you could argue that the inaccuracies on the citation undermine the reliability of the officer's observations and the basis for the charges against you.

Ultimately, whether the citation will be dismissed depends on various factors, including the specific circumstances of your case, the evidence presented, and the discretion of the court. It's advisable to consult with an attorney who can evaluate your case comprehensively and provide guidance on the best course of action to challenge the charges effectively. An experienced attorney can help you navigate the legal process and advocate for your rights in court.

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