It’s a common scenario: you’re issued a traffic ticket in North Carolina, but when you review the citation, you notice that the officer misspelled your name, got your vehicle’s make or model wrong, or made some other mistake in the identifying information. Does that mean your ticket is invalid? Can you get it dismissed based on this error alone?
Clerical Errors vs. Substantive Errors
When challenging a traffic citation, it’s important to distinguish between clerical errors and substantive errors:
• Clerical Errors: These are minor mistakes, such as a misspelled name, incorrect birthdate, or a wrong digit in a vehicle’s license plate number. Courts generally do not dismiss a ticket solely because of these types of mistakes. Why? Because they don’t change the fact that a violation allegedly occurred. If the officer can still reasonably identify you and the violation, the ticket remains valid. Further, the District Attorney has the authority to amend the citation to correct and clerical error.
• Substantive Errors: These are more serious mistakes that could affect the legitimacy of the citation, such as listing the wrong statute for the violation or misidentifying the driver entirely. In some cases, substantive errors may provide stronger grounds for dismissal.
How Courts Handle Mistakes on Citations
North Carolina courts typically follow the principle that minor errors do not invalidate a citation if the intended recipient is still clear. The District Attorney’s Office can often correct clerical mistakes or have the citing officer provide testimony clarifying the error. However, if the mistake results in confusion about the identity of the driver, the vehicle involved, or if the charging language is not properly stated, then there are much stronger grounds to have the case dismissed by the DA.
For example:
• If an officer writes “John Smith” instead of “Jon Smith,” your ticket is unlikely to be dismissed. • If the license plate is off by one digit but still reasonably identifies your car, dismissal is unlikely. • If the citation lists a completely different person or vehicle, you may have a stronger argument for dismissal.
What Should You Do If Your Ticket Has a Mistake?
1. Check for Errors – Carefully review the citation for any inaccuracies.
2. Consult an Attorney – If you believe the mistake is significant, a criminal defense attorney can assess whether it provides grounds for dismissal.
3. Appear in Court – Even if a minor mistake won’t automatically dismiss your case, an attorney may use it to negotiate a reduction or dismissal under other grounds.Bottom Line
A simple typo or clerical error won’t usually get your ticket thrown out, but more serious mistakes that cause confusion about the violation or the person cited could provide a defense. If you have questions about your case, consulting a criminal defense attorney can help determine the best course of action.
Need legal advice on a traffic citation in North Carolina? Contact your favorite lawyer, Keith Metz, at 980-320-0519.