The ultimate guide to NYC traffic ticket mistakes: What you need to know

New York traffic tickets can be frustrating and costly, affecting not just your wallet but potentially your driving record and insurance premiums. While many drivers believe that minor errors on their tickets automatically lead to dismissal, the reality is more nuanced. At Feifer & Greenberg LLP, our New York traffic ticket lawyers want to provide you with accurate information about traffic tickets and how various mistakes might impact your case.

Common myths vs. reality

One of the most persistent myths in traffic court is that any error on your ticket will result in dismissal. This misunderstanding likely stems from how parking tickets are handled, where vehicle identification is crucial. For moving violations, the standards are different.

Moving violations vs. parking tickets

Moving violations

These tickets are issued to a person, not just a vehicle. They contain substantial identifying information:

• Full name
• Date of birth
• Home address
• Driver’s license number
• Vehicle details (make, model, color, plate number)

Parking tickets

These are issued to vehicles rather than drivers, making precise vehicle identification essential.

Why minor errors usually don’t lead to dismissal

Errors unlikely to result in dismissal include:

• Slight misspelling of your name (e.g., “John Smite” instead of “John Smith”)
• Incorrect vehicle color (e.g., brown instead of green)
• Minor address errors (e.g., “Ave” instead of “St”)
• Small errors in vehicle description

When a ticket contains minor errors but still accurately identifies you and your vehicle through multiple data points, judges typically won’t dismiss the case based solely on these mistakes. Here’s why:

• Redundant identification: Multiple identifiers on the ticket make it clear who received the citation.
• Officer testimony: The issuing officer can identify you in court if necessary.
• Substantial compliance: Courts apply the “substantial compliance” doctrine, meaning if the ticket reasonably identifies the correct person and violation, minor errors won’t invalidate it.

Types of errors that can lead to dismissal

Traffic citations containing significant errors may be dismissed by the court. The following errors are particularly likely to result in dismissal:

Critical identification errors

• Completely wrong license plate number – When the officer records a license plate that doesn’t match your vehicle, this creates doubt about whether you were actually the person who committed the violation.
• Entirely different name – Citations listing someone else’s name or substantially misspelling your name may be invalid as they fail to properly identify the alleged offender.

Jurisdictional and procedural errors

• Wrong court jurisdiction – If your citation directs you to appear in a court that lacks jurisdiction over the location where the alleged violation occurred, this may render the ticket unenforceable.
• Incorrect violation date that creates an impossible situation – When the date listed on the citation conflicts with verifiable facts (such as you being out of town or your car being in the shop), or creates logical impossibilities (like a citation dated before your car was manufactured), dismissal is often granted.

Additional serious errors that can lead to dismissal include:

• Missing officer signature or badge number
• Drastically incorrect vehicle description (wrong make, model, or color)
• Citation for a law that doesn’t exist or doesn’t apply to the circumstances
• Location description that places the violation outside the issuing officer’s jurisdiction

When challenging a citation based on errors, be prepared to provide clear evidence demonstrating the inaccuracy and its significance to your case.

How Feifer & Greenberg LLP can help

While minor errors alone rarely lead to dismissal, they can still be valuable to your defense strategy. Here’s how we use these mistakes to benefit our clients:

• Questioning officer attentiveness: Multiple errors may suggest the officer was not paying close attention, potentially casting doubt on their observations of the alleged violation.
• Challenging overall reliability: A pattern of mistakes can help establish reasonable doubt about the accuracy of the entire ticket.
• Strategic negotiations: Even minor errors can provide leverage in plea negotiations with prosecutors.
• Comprehensive review: Our attorneys carefully examine every detail of your ticket, identifying all potential weaknesses in the case against you.

Why expert representation matters

At Feifer & Greenberg LLP, we understand the nuances of New York traffic law and how to effectively challenge tickets, even when they contain only minor errors. Our attorneys have extensive experience identifying defense strategies that go beyond simple clerical mistakes.

Think your ticket may have been a mistake? We can help.

While minor errors on your traffic ticket are unlikely to result in automatic dismissal, they can still be valuable components of a comprehensive defense strategy. The key is knowing how to properly leverage these mistakes within the context of the entire case.

Don’t face the NYC traffic court system alone. Contact Feifer & Greenberg LLP for a consultation and let our experienced attorneys review your ticket, identify all potential defenses, and develop a strategy tailored to your specific situation.