Legal Question in DUI Law in New York

Incorrectly filled out summons

I recieved a summons for an open container in public, (subway station). The officer was new, took about 45 minutes to fill the ticket out, and did it incorrectly-- she wrote it down as a motor vehicle offense, on a motor vehicle offense form. Essentially, I was written up for having an open container in a vehicle, although the officer wrote in that it was on a platform.

I went to court and they told me there's nothing they can do until August 10, my court date. They said that it will be dismissed then, but that until then it stands as a criminal offense. My problem is that I won't be living in New York City at that time. Additionally, the ticket has a $50 fine written on it, which the court told me I should send in in the meantime.

What should I do in this situation?


Asked on 6/05/06, 10:06 am

1 Answer from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Incorrectly filled out summons

You can handle this by making a written motion for dismissal. That would not require a court appearenc4e, just a written submission.

You are welcome to a consultation for no fee. Email is best to make an appointment.

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Answered on 6/07/06, 6:10 pm


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