Will a Traffic Violation be Dismissed if the Ticket Has Errors on It?

Our traffic ticket attorneys get calls daily about a variety of issues related to traffic stops.  One of the most common issues we hear about from potential clients is whether or not their case will be dismissed based on an error in the ticket.  For example, what if the officer wrote down that the car was yellow and it was red?  What if the name of the person was not spelled correctly?  What if the location was wrong?  There are many errors that an officer can make on a traffic ticket.  So the question becomes, is that enough to have a case dismissed?  The answer is, it depends on a few factors.  This article will focus on one of the most important legal factors to consider when reviewing a ticket for dismissal based on errors the police officer made.  Namely, the accuracy of the complaint.  If you have a traffic ticket that you would like our lawyers to defend after reading this article, feel free to call us at 214-321-4105.

The Ticket Versus The Complaint

A traffic ticket is not worth the paper it is written on once a plea of “not guilty” has been entered.  It is only evidence or indicia of an offense.  Once a plea of not guilty has been entered, the officer is required to file a formal sworn complaint with the court verifying the alleged offense under oath.  This is very similar to what happens in felony cases when an indictment is filed against a person.  The indictment outlines the facts and allegations made against the person that support a specific charge.  The complaint is very similar to an indictment, however, it is an abbreviated version of it.  The law does not require quite the specificity of an indictment, but it still does require some crucial information.  The statutes that apply to the requirement of a complaint and it’s contents are listed below.

Art. 45.018. COMPLAINT.

(a) For purposes of this chapter, a complaint is a sworn allegation charging the accused with the commission of an offense.

(b) A defendant is entitled to notice of a complaint against the defendant not later than the day before the date of any proceeding in the prosecution of the defendant under the complaint. The defendant may waive the right to notice granted by this subsection.

Art. 45.019. REQUISITES OF COMPLAINT.

(a) A complaint is sufficient, without regard to its form, if it substantially satisfies the following requisites:

(1) it must be in writing;

(2) it must commence “In the name and by the authority of the State of Texas”;

(3) it must state the name of the accused, if known, or if unknown, must include a reasonably definite description of the accused;

(4) it must show that the accused has committed an offense against the law of this state, or state that the affiant has good reason to believe and does believe that the accused has committed an offense against the law of this state;

(5) it must state the date the offense was committed as definitely as the affiant is able to provide;

(6) it must bear the signature or mark of the affiant; and

(7) it must conclude with the words “Against the peace and dignity of the State” and, if the offense charged is an offense only under a municipal ordinance, it may also conclude with the words “Contrary to the said ordinance”.

(b) A complaint filed in justice court must allege that the offense was committed in the county in which the complaint is made.

(c) A complaint filed in municipal court must allege that the offense was committed in the territorial limits of the municipality in which the complaint is made.

(d) A complaint may be sworn to before any officer authorized to administer oaths.

(e) A complaint in municipal court may be sworn to before:

(1) the municipal judge;

(2) the clerk of the court or a deputy clerk;

(3) the city secretary; or

(4) the city attorney or a deputy city attorney.

(f) If the defendant does not object to a defect, error, or irregularity of form or substance in a charging instrument before the date on which the trial on the merits commences, the defendant waives and forfeits the right to object to the defect, error, or irregularity. Nothing in this article prohibits a trial court from requiring that an objection to a charging instrument be made at an earlier time.

Ticket Errors Versus Complaint Errors

Again, once a plea of not guilty is entered, the complaint becomes the charging instrument, not the ticket.  Notice the difference as it is important to understand.  Does a complaint require that the color of the vehicle be correct?  No.  Does the complaint require that the name of the person be correct?  Maybe.

• (3) it must state the name of the accused, if known, or if unknown, must include a reasonably definite description of the accused;

Does a complaint have to state the actual location of the offense?  Not necessarily.

• (c) A complaint filed in municipal court must allege that the offense was committed in the territorial limits of the municipality in which the complaint is made.

This gives a lot of latitude for mistakes.

But at the same time a person has to be able to understand the charges against them.  So if a location is not listed and it is a speeding case, how is the person supposed to know what the speed was within the territorial limits of that part of the city without the location?  This would cause a seasoned attorney to request dismissal based on vagueness of the charge, much like an attorney would do in a felony case.

As one can see, the nuances of a traffic ticket can become quite complex based on the sufficiency of the complaint compared to the errors on the citation.  It is crucial to understand the difference between a complaint and a traffic ticket and how to attack errors on both.  We highly suggest if you have a ticket with errors on it, that you consult an experienced traffic ticket attorney to determine the best course of action on how to properly defend the citation.  If you would like to discuss your case with our ticket lawyers, call us at 214-321-4105.