Q: Is a citation valid if filled out incorrectly by the officer?
My grandson was involved in an accident and received a citation for Following Too Close (169.18.8(a)) in Minnesota. The citation has my grandson's information on the front, but incorrectly lists his father's information on the back, including checking the owner and driver boxes, even though his father wasn't in the vehicle. The accident resulted in damage to my grandson's vehicle, but not to the other car. Since the citation wasn't addressed, the MN Department of Revenue has now sent a letter to his father, stating the citation has been turned over to a collections agency in his father's name. There is concern that this might negatively impact his father's driving and financial records. Is this citation valid given the incorrect documentation, and what steps should we take to resolve this issue?
A: The citation doesn't become invalid because there is incorrect information on the citation. It can be amended by the prosecutor at any point, even up to the point of trial. This is something that your son and grandson ought to be addressing. Your grandson was likely given a citation and failing to address it created this situation. The best scenario would be for your grandson to contact court administration and let them know that he was the one driving the vehicle and that the ticket was incorrectly filed in his father's name. They should be able to straighten the issue out.
A: Based on that description, it sounds like the father was convicted by default, for not responding to a petty misdemeanor charge. He could file a motion with the court to re-open the case (can use downloadable forms on the Minnesota Courts website), getting a hearing date for that motion, then discuss with the prosecutor, prior to appearing before the judge on the motion. He could point out that the charge is a driving violation, but he was not there, and not driving.
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