Legal Question in Traffic Law in Texas
Citation Error
school district police issued citation. incident location lists two streets that do not intersect - one street does not exist. can this be dismissed because of the error?
Asked on 5/12/07, 4:02 am
1 Answer from Attorneys
Keith Engelke
Law Office of S. Keith Engelke
Re: Citation Error
It dependes. If the indictment states that the the offense occurred at the intersection of streets X and Y and Y does not exist, then you should hire an attorney to review the indictment to determine whether to file a motion to quash the indictment as defectiver.
However, if street Y is simply a mispelling of street Z which does intersect street X, you may lose the motion. Even if you win, the shool district may be able to refile the charge.
Answered on 5/12/07, 10:54 am
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