If a parking citation was issued to 1 of 2 registered drivers but it was issued to the registered owner who was not driving vehicle, is this grounds for dismissal?

The incorrect driver was in a different city at place of employment and can be proven that said driver was not present. All information on citation is correct except for the name, since issued to incorrect driver.

Asked on February 17, 2016 under General Practice, Texas


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

Answered 4 years ago | Contributor

A ticket, just like any other complaint, should punish the offender.  If the ticket identifies the wrong offender, then you should file an answer, identify the correct offender, and contest the allegations. It is extremely important that you file an basic answer with the municipal court where the ticket is pending.  If you fail to file an answer, then you potentially forfeit your defensive theory and run the risk of another charge called 'failure to appear.'

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