It would be nice if every typographical or other error on tickets on San
Bernardino County and Kings County traffic tickets rendered them invalid,
but unfortunately, that’s not the case. We all make mistakes, and
even though they aren’t as common in Central California as in SoCal
and some other more densely-populated areas, these kinds of
mistakes still appear. Sometimes, the officer records the wrong information on
the ticket; other times, a court clerk erroneously copies the information
from the ticket onto the information or other official charging document.
Variance
Motorists have the right to know both the general and specific nature of the charges against them. So, if I get a speeding ticket, the citation must state where I was, how fast I was allegedly going, and other facts. Such specificity serves two purposes: It informs the motorist of the charges and helps an attorney present a defense.
When errors happen, there is a variance (difference) between the pleadings and the proof. Typically, someone catches the error early in the process and the defendant receives a Notice of Correction or some similar document. That’s because the motorist must receive notice of the changes before trial. The notice cures the defect in full, for most purposes.
Sometimes, however, a case slips through the cracks, and a legal doctrine called idem sonans kicks in. This phrase is Latin for “sounds alike” and Legalese for “pretty close.” If the variance is minor, like “Smith/Smyth,” the judge will probably apply idem sonans and allow the prosecutor to proceed. But if it’s a larger variance, such as the kind of vehicle, the judge may dismiss the case.
Contact Bigger & Harman to see if there’s an error on your ticket that may lead to a successful dismissal.
Getting Legal Help
The aggressive attorneys at Bigger & Harman, APC, are committed to giving individuals a voice when dealing with speeding and traffic tickets. Call today at 661-349-9300 or email attorney@markbigger.com to receive the personal professional attention you deserve. En español, llame al 661-349-9755.
A variance between the pleadings and the proof may not prompt a Kings County judge to dismiss the citation. Your best bet is to have a lawyer fight for you.