Can a citation for careless driving be thrown out of court is the officer wrote down the wrong vehicle color?

Asked on February 18, 2013 under Accident Law, New Mexico

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

By itself, the wrong color entry would not be a basis for throwing out a careless driving citation.  If the wrong entry along with another factor were developed at trial, it could show that the officer's recollection of events is not credible, and thereby is insufficient to support a conviction.  To see if there are sufficient other facts, let a criminal defense attorney review your ticket and the facts surrounding the stop of your vehicle.


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