My three questions involve the same traffic ticket from the state of: south carolina
1. Is a ticket invalid if the cite is incorrect?
Greenville, SC ordinance 24-214; resisting arrest.
On the ticket the cite is 24-214(b).
24-214(a) specifies "it shall be unlawful", etc.
24-214(b) gives the legal definition of "Law Enforcement Officer".
(Get ready to roll your eyes - lol)
I guess they charged me, according to the ticket, with not knowing the legal definition of "law enforcement officer", which kind of makes sense, since I was yelling at him (he seemed confused by that). The Resisting Arrest charge came from refusing to get out of my car, as I was afraid of them using physical violence against me. Seven police cars on scene. Since (b) is not a crime, should that ticket be thrown out?
2. The ticket states in the "NAME OF COURT" field, the name of the Judge, instead of "Greenville Municipal Court".
Being the chief judge of that courthouse doesn't change the name of the court, does it? To me, it's about perfecting the ticket, not semantics, right?
3. Can this city ordinance 24-214 be expunged, both if the court ignores the "(b)", and/or if it is dismissed but shows up on my criminal records report?
Comments? Thanks!
1. Is a ticket invalid if the cite is incorrect?
Greenville, SC ordinance 24-214; resisting arrest.
On the ticket the cite is 24-214(b).
24-214(a) specifies "it shall be unlawful", etc.
24-214(b) gives the legal definition of "Law Enforcement Officer".
(Get ready to roll your eyes - lol)
I guess they charged me, according to the ticket, with not knowing the legal definition of "law enforcement officer", which kind of makes sense, since I was yelling at him (he seemed confused by that). The Resisting Arrest charge came from refusing to get out of my car, as I was afraid of them using physical violence against me. Seven police cars on scene. Since (b) is not a crime, should that ticket be thrown out?
2. The ticket states in the "NAME OF COURT" field, the name of the Judge, instead of "Greenville Municipal Court".
Being the chief judge of that courthouse doesn't change the name of the court, does it? To me, it's about perfecting the ticket, not semantics, right?
3. Can this city ordinance 24-214 be expunged, both if the court ignores the "(b)", and/or if it is dismissed but shows up on my criminal records report?
Comments? Thanks!
Ticket Errors: 3 Questions About Same Ticket; Validity, Perfection of Ticket and Expungement
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