Can I get a dismissal if I was issued a traffic ticket and an unlawful possession of marijuana but on the ticket the officer put the completely wrong vehicle information?

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Can I get a dismissal if I was issued a traffic ticket and an unlawful possession of marijuana but on the ticket the officer put the completely wrong vehicle information?

The ticket lists the wrong make car.

Asked on December 31, 2015 under Criminal Law, New York

Answers:

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

Answered 5 years ago | Contributor

 Probably not. Assuming, that the officer got your name, address, driver's license and plate number correct, it's doubtful that a dismissal of the ticket could be obtained. The bottom line question that judges tend to ask under such circumstances is whether the mistake has some effect on your ability to defend the case (e.g. the wrong statute was charged), or if it calls into question whether you actually got the ticket properly. Where the answer to that type of question is, "No," that's typically the answer to a motion for dismissal as well.
That having been said, since you were also charged with possession, a criminal charge is involved. At this point, you should consult directly with a criminal law attorney. They can possibly get that charge dismissed or at least get it reduced. Right now, they can best advise you further.


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