What happens if my boyfriend was pulled over in my car while driving on a suspended license but his address is incorrectly listed?

All 3 of his citations have different versions of his address (I understand it is his responsibility to make sure it gets corrected at the court house). They put his father’s license number on 2 of them and his suffix also (his dad is JR and my boyfriend is the 3rd). He was also given a work order for my car in his name; I just found out that my registration was pulled because I wasn’t notified at all. A local lawyer stated that none of those discrepancies matter and his services are required. Now, I’m only in my first year of pre-law and certainly no legal eagle but I was taught that major mistakes are grounds for dismissal by the judge.

Asked on July 17, 2014 under Criminal Law, Maryland

Answers:

Richard Southard / Law Office of Richard Southard

Answered 6 years ago | Contributor

An error in the address on the citation is not a grounds for dismissal.  However, the different addresses may help in defending these charges as the prosecutor must prove that the driver knew his license was suspended. They typically do this via affidavits of mailing from Albany Dmv of letters informing the motorist of the suspension.  If the driver did not receive the letters because of incorrect address it will be helpful in defending these charges. 

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

These errors are not material enough to warrant a dismissal of the charges. The fact is that these type of mistakes are common and do not constitue reason to through a case out. I'm afriad that the attorney that you consulted with was correct.

Further, a DUI constitutes a criminal charge and as such it would be advisable to retain an experienced DUI lawyer to handle the case. They might be able to get the charge dismissed on other grounds or at least get it reduced. And if it comes down to it, they may will an acquittal if it the case goes to trial. The reprucussions from having a DUI on your record are many, so hiring legal counsel to protect your boyfriend's rights would be a very good idea.


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