should my citation be dismissed ?

Get Legal Help Today

 Secured with SHA-256 Encryption

should my citation be dismissed ?

On 6-27-17 I was pulled over by the Pa. State Police for speeding. The citation that the Trooper gave me 1 has the wrong model of car. The Citation states Chevy Impala when I own a Chevy Malibu. 2 Pa. statute 75 Pa. C.S.A. 3368d states that the handheld radar must be tested within 60 days of the alleged violation. The Citation states ‘ date equip. tested 2-14-17.

Asked on July 2, 2017 under General Practice, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Describing the wrong model of car is irrelevant, as long as the ticket and/or the live testimony of the officer issuing the citation correctly identifies your car and/or you as the driver in question. The law does not invalidate legal documents (including citations) for harmless errors that do not result in misidentification or other miscarriage of justice.
The failure to test the radar as often as required *may* let you challenge the accuracy of the speed reading, but does not automatically  result in dismissal. It goes to accuracy, nothing more.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption