Wrong subdivision in traffic ticket still actionable

Traffic tickets with technical errors are more common than you might think. Whether it’s citing the wrong Vehicle and Traffic Law subdivision or including incorrect statutory references, these mistakes often lead defendants to believe their cases will be automatically dismissed. However, New York courts have consistently held that minor clerical errors don’t necessarily invalidate an otherwise valid traffic citation.

Understanding how courts handle these situations is crucial for anyone facing traffic violations. The legal principle at work here involves distinguishing between substantive defects that undermine a case and mere technical errors that can be overlooked or corrected. This distinction has important implications for traffic defense strategies and helps explain why simply pointing to a clerical error rarely results in case dismissal.

Jason Tenenbaum’s Analysis:

People v Husain (Shanzeb), 2017 NY Slip Op 27195 (App. Term 2d Dept. 2017)

“It has been held that where an information charges a violation of the wrong section of a statute, this may be disregarded as surplusage if the information fully advises the defendant of the acts relied upon to constitute the alleged violation, and if the acts charged are clearly referable to the offense of which the defendant has been convicted… . All that is necessary is that the information shall state the crime charged with such accuracy that the defendant may know the [*2]offense which it is claimed he has committed” (People v Love, 306 NY 18, 23 ). Further, as a general rule, “misnomers” in designating the offense charged are not jurisdictional and may be corrected by amendment”

Every client will tell you that the “traffic ticket has an error” and it must be dismissed. Tell the client: not necessarily.

Key Takeaway

Courts focus on whether defendants can reasonably understand what they’re being charged with, not whether every technical detail is perfect. Wrong statute citations can be treated as “surplusage” and corrected through amendment. The key test is whether the violation description gives adequate notice of the alleged offense, making technical errors insufficient grounds for automatic dismissal.

Understanding Traffic Ticket Defense

This principle extends beyond traffic matters into other areas of law practice. Just as technical errors in traffic citations don’t automatically invalidate cases, similar principles apply in New York No-Fault Insurance Law where procedural missteps don’t always defeat otherwise valid claims. The courts consistently prioritize substance over form, ensuring that justice isn’t derailed by minor clerical mistakes.

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• When reasonable excuse defenses overcome technical defects
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• When partial compliance with verification requirements fails
• New York No-Fault Insurance Law