Legal Question in Traffic Law in New Jersey

Fatal amendment to traffic summons

Municipal violations clerk directed officer to amend ordinance on traffic summons to fit allegation. Not informed until hearing. Judge

accepted change as falling within statute of limitations and ''fixed'' by ordering copy of amended summons given to me. Set new trial date. Is this a fatal to procedural due process or other breach?


Asked on 6/02/07, 10:23 am

1 Answer from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Fatal amendment to traffic summons

It appears that the officer used the wrong statute which did no match his description of your alleged traffic violation on the summons. Such an amendment is allowable within the applicable period of limitation of the action.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 6/02/07, 12:23 pm


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