Legal Question in Traffic Law in California

Invald Court Appearance Date

If an officer writes you a ticket and assigns you a court appearance date that has already passed, is the ticket valid?


Asked on 1/30/03, 5:43 pm

3 Answers from Attorneys

David Diamond Diamond & Associates

Re: Invald Court Appearance Date

THE TICKET IS STILL VALID, but you have great due process arguments to get the case dismissed. Hope this works. GIVE US A CALL IF YOUR GOAL IS TO HAVE THE CASE DISMISSED. LARRY WOLF

310 277 1707

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Answered on 2/04/03, 10:14 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Invald Court Appearance Date

from the facts given, absolutely not! if you want additional legal advice in how to successfully defend this ticket, contact me directly. [email protected]

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Answered on 2/03/03, 9:10 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Invald Court Appearance Date

Thank you for your posting.

Is the ticket valid? It depends on whether or not a court, i.e., a judge, sees this as an innocent mistake, or something else. I believe you should treat it as a valid ticket until trial. Why? Well, because once it gets to the court and is filed, you will be issued a court date, and a warrant for your arrest may go out if you do not show up.

The wrong date may go to the officer's lack of credibility, which may give you a defense at trial, but you want to bring those up at trial, not later when you are also clearing up a warrant.

I hope that this helps, but if you need additional information, have other questions, or feel that you need legal representation, please feel free to contact me directly via email at [email protected]. I�m happy to help in any way that I can, and best of luck.

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Answered on 2/03/03, 9:53 pm


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