Legal Question in Administrative Law in New York

Would this qualify as a defective summons?

I recently received a summons in new york city for an open container violation. My birthdate is incorrect on the summons, and would actually make me a minor, which I think would mean that I needed to be charged with something other than 10 125 (2b). Additionally, the appearance date listed is for a weekend. I called the court and they said that the summons will likely be deemed defective in processing and dismissed because of the incorrect courtdate unless the officer made a change before submitting it. Also, the officer alluded to me that the information on the summons was incorrect. Is it safe to say that this summons will be dismissed without me even having to appear?


Asked on 3/25/08, 11:07 pm

1 Answer from Attorneys
Robert Evans Robert S. Evans esq.

Re: Would this qualify as a defective summons?

Do not assume anything. Go to court either the day before your appearance date or the nearest date after. Once you appear the court will tell you the summons was dismissed because it was defective or you will be arraigned before a Judge and will enter a plea to the charges.You may contact my office @7188340087 for a free phone consultation.

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Answered on 3/26/08, 12:12 pm


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