Legal Question in Traffic Law in New York
I was arrested for aggrivated unlicensed operation 2. The paperwork they gave me at court had the wrong middle initial for my name. Also, the time of the crime was actually listed two and a half hours after my arrest. I was actually in jail for two hours at that time. Does this void the tickets? Thank you for your time.
3 Answers from Attorneys
No, however it may form the basis for a motion to dismiss.
Stuart,
Those errors do not render the charge fatally defective. This is a serious charge because it is a criminal offense (misdemeanor).
Check out the below link for further information about clearing your underlying suspension, and feel free to call me if you'd like a free consultation.
http://www.nytrafficticket.com/Suspended-License/
Matthew Weiss
212-683-7373
The paperwork issued must only advise the defendant of the time,date, location and offense committed. The other evidence comes into the picture at trial,where the testimony must rise to the level of beyond a reasonable doubt. You are facing misdemeanor charges ,those carry with them lifetime criminal records as well as possible incarceration. For those reasons you should ,if affordable, retain a competent criminal defense attorney. I am a former Traffic Court Judge , you may contact my office @7188340087 for a phone consultation.
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