CanI fight as ticket that has mistakes on it?

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CanI fight as ticket that has mistakes on it?

I am 20 years old and I got a MIP at a bar. The officers could not get the breathalyzer to work for 20 minutes because it was too cold outside. They finally got it to work and gave me an MIP. However, on my ticket, they wrote down the wrong driver license number and did not put their officer ID number on the bottom. Is there any way to have the ticket “voided?”

Asked on December 23, 2010 under Criminal Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

This is a bit more difficult than fighting a traffic ticket that is defective.  Generally in those cases if the required elements under the law is missing or misdescribed the ticket is defective.  I would say that here the license number is an important element but it may not be enough for a Minor in Possession charge.  I would seek some legal advice from an attorney in your area.  You do not want this type of ticket hanging around.  Ask how the breathalyzer played in to the issuance of the ticket, although I think that it may not have at all, and seek to concentrate on the defective machine.  Also focus on the elements of an MIP case and how they relate to the facts in your case. Good luck.


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