is my speeding ticket valid
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is my speeding ticket valid
i received a speeding ticket in Va. my name and address are correct on the summons. However, the make and model year of the car are not correct, and the license tag number is incorrect. Is the summons valid, or can i have it thrown out because of incorrect information?
Asked on May 30, 2018 under General Practice, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
A summons is not automatically thrown out due to incorrect information: it can re-issued or amended. If it was you who received the summons (so if, at need, a police officer can and will come in to testify that it was you that he gave the summons to), then errors in describing the car are irrelevant. But if the officer is not positive of his identification of you, the errors in the description will make it impossible for the state to prove its case, so while the summons is not automatically thrown out, the errors can lead to a dismissal if the officer cannot substantiate the ticket.
It is also possible that the prosecutor may elect to voluntarily dismiss rather than go through the trouble of trying to prove the case and amend the summons.
In any event, you must show up to court; whatever will be done will be done at court, not in advance.
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