Legal Question in Traffic Law in California

Invald Court Appearance Date

If an officer writes you a ticket and assigns you a court appearance date that has already passed, is the ticket valid?


Asked on 1/30/03, 5:43 pm

3 Answers from Attorneys

David Diamond Diamond & Associates

Re: Invald Court Appearance Date

THE TICKET IS STILL VALID, but you have great due process arguments to get the case dismissed. Hope this works. GIVE US A CALL IF YOUR GOAL IS TO HAVE THE CASE DISMISSED. LARRY WOLF

310 277 1707

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Answered on 2/04/03, 10:14 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Invald Court Appearance Date

from the facts given, absolutely not! if you want additional legal advice in how to successfully defend this ticket, contact me directly. mikelaw.jd@verizon.net

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Answered on 2/03/03, 9:10 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Invald Court Appearance Date

Thank you for your posting.

Is the ticket valid? It depends on whether or not a court, i.e., a judge, sees this as an innocent mistake, or something else. I believe you should treat it as a valid ticket until trial. Why? Well, because once it gets to the court and is filed, you will be issued a court date, and a warrant for your arrest may go out if you do not show up.

The wrong date may go to the officer's lack of credibility, which may give you a defense at trial, but you want to bring those up at trial, not later when you are also clearing up a warrant.

I hope that this helps, but if you need additional information, have other questions, or feel that you need legal representation, please feel free to contact me directly via email at rmiller@expertlawfirm.com. I’m happy to help in any way that I can, and best of luck.

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Answered on 2/03/03, 9:53 pm


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