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Originally Posted by SaveUncleSam
~Repost due to site failure/deletion~
On Monday morning, 12:54am, I was presented with a citation for a red light - "failure to stop" with a $100 assessment. Forgive me if this has already been covered as I did read other posts but they did not seem to be very clear on this.
The presentment occured in Massachusetts Republic on the 4th, however the armed revenue agent wrote on the citation "12/03/06". On the 3rd at 12:54am, I was sleeping in a cabin approx 30 miles away. Could this be enough to get the citation thrown out should it go to court?
I only have a short time left before the 72 hour window closes. Do I simply write "Refusal for Cause" across the citation and mail it back? Keep in mind that I do have a DL and registered automobile. Also, the envelope I was given to mail the citation in is addressed to "CITATION PROCESSING CENTER, in BOSTON" The "violation" occurred in another town. Do I hand deliver the refusal to the local PD or mail it to Boston? No I need to have copies made and notarized? What is the next step after refusal? Is using US mail a bad idea?
If I do go to court, what about filing a motion to rebutt Admiralty jurisdiction, would that do anything?
Thank you for your time in this matter, I am new to all of this and do not have much time left to send it back. This is why my post seems rushed.
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No the wrong date alone will not be enough. Espaecially if you show up and argue that the whole defense was that you were somewhere else. The cop will just say he was mistaken or accidentally put the wrong date.
A wrong date could be addressed by demurrer but then the date will simply be fixed.
I would look to other avenues myself.