Legal Question in Traffic Law in New York

Can a ticket for not paying the train fee but using a student metro card be voided if the first name is incorrect?


Asked on 9/17/09, 2:05 pm

1 Answer from Attorneys

Joel Salinger Law Office of Joel R. Salinger

Although some tickets can be void if certain pedigree information is incorrect, the "ticket" you received can not. First, you did not receive a ticket in as much as you were arrested with out being put in handcuffs an processed. You received a desk appearance ticket with is the equivalent of an arrest. You probably have been charged with a misdemeanor not a violation. This can not be resolved in the way you are seeking.

Just to clarify, when a simple ticket is issued, it requires more than just the first name being wrong for it to be deemed defective and dismissed. The ticket is only required to give you enough information to be able to identify you as an individual and place you on notice that you are charged with the offense. If you last name, address, date of birth, drivers license number, social security number, or any other combination (the majority not the entiret) is correct it is not defective and will not be dismissed.

If you need further assistance, you can contact me at [email protected] or 516.746.4747.

Joel R. Salinger

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Answered on 9/28/09, 1:02 pm


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