Can the wrong date on a complaint/summons be grounds for dismissal?

UPDATED: Oct 1, 2022

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Can the wrong date on a complaint/summons be grounds for dismissal?

I was recently charged with public urination after a night out at the bars and

plan to fight it in court. The police officer wrote the wrong date on the ticket.

He wrote 04/01 at 2:15 am, when the incident actually occurred on 03/31 at 215am. I plan on obtaining receipts from a store and providing bank statements for 04/01 around that time to prove that I was not in that location, or even state, at the time the officer is claiming the incident took place. Is this grounds for dismissal?

Asked on March 31, 2018 under Criminal Law, New Jersey


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The fact is that you will proabaly lose. For a clerical error such as this, the court will simply amend the ticket and correct the time and date. Your case in all liklihood will not be dismissed.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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