Incorrect Citation

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seanotron

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Tonight I fell asleep at a friend's house. I was supposed to be home and was woken up by my mom calling. It was 2:30 AM. On the way home, I accidentally ran a red light and was cited on my ticket for a failure to obey a traffic control device and a violation of my license restriction, as I'm 16 and have an intermediate drivers license in Washington state which prevents me from driving from 1-5 AM. This is the case of incorrect citation:

Please let me know what you think, if I would be better off with a lawyer, or if you think this is solid enough for the ticket to be dismissed.

On this infraction ticket, I was cited under statute code 46.20.041. The statute was defined on the ticket as a violation of license restrictions. However, statute 46.20.041 is completely unrelated to that which was described. According to Washington State Legislature, RCW 46.20.041, which I was cited for, relates to and I quote, "persons with physical or mental disabilities or diseases." I suffer from no proven physical or mental disabilities as the officers seem to be alleging based on this citation. It would then be entirely illogical for this ticket to be written with these grounds included. This then brings into question the validity of this ticket as a whole and the competency of Officers Hovey and Rowbottom to correctly cite the infractions as quote "with probable cause to believe…" unquote, and as quote, "true and correct." Surely, it is rudimentary knowledge and practice to correctly cite an individual. If such is the case, then I challenge this ticket and move to dismiss it on the grounds of being written improperly, incompetently, and without sufficient knowledge to properly support or define it.
 
Well, if you are right, you will be able to beat the restriction violation ... but what about the traffic control device?

Clerical errors (like writing the wrong numbers) are rarely sufficient to show an overall lack of observation sufficient to compel the dismissal of other charges.

- Carl
 
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