Legal Question in DUI Law in Nebraska

Incorrect citation issued

I was issued a citation for driving while intoxicated. The citation lists an incorrect driver's license number. It is missing a number from within my driver's license. Does this invalidate my citation? What legal recourse do I have besides obtaining a lawyer?

Asked on 9/29/03, 10:37 pm

1 Answer from Attorneys

William Jones William P. Jones, Attorney-at-Law

Re: Incorrect citation issued

Errors in citations are almost never a basis for dismissal of the charges. The only errors that would result in a dismissal are ones that go to the heart of the citation- That the ticket is issued to the wrong person- namely that you are given a citation that names Fred Smith when your name is Tobias Schicklegruber; that the offense is not really an offense; or that somehow it doesn't give you notice that you are charged with an offense and must appear in court.

Mispelling your name, incorrect or missing numbers in addresses, driver's license numbers etc can be corrected by the prosecutor during the legal proceedings. If you are given a citation because you are mistakenly identified as the person who should be cited- for example, Bob Smith Jr. of Elm street should be ticketed for letting his dog run at large, and you, Bob Smith III of Oak street get the ticket, that is a defense to the ticket, but does not make the ticket invalid. You would have to defend yourself or explain the error to the prosecutor and convince them to drop charges against you.

Contact a local attorney to determine what penalites you are facing, and whether there are any defenses available, and what plea agreement could be reached.

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Answered on 9/30/03, 1:22 pm

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