Generally speaking, certain ministerial errors on the face of an accusatory instrument (i.e. traffic ticket) can be cured upon refiling within the time frame permitted by statute. If the ticket is issued to a person who otherwise meets the description (i.e. height, weight, eye color, license ID number) of the motorist, but an erroneous middle initial is included, while the ticket may be dismissed on its face as defective, the ticket may always be corrected and refiled.
However, there are plenty of instances where the incorrect description of a violation or statute under the New York State Vehicle and Traffic Law (VTL) may lead to a defect that cannot be cured upon refiling. Further, a completely incorrect description of the vehicle allegedly involved in the traffic incident may be a scenario which cannot be cured upon correct refiling.
If you need an experienced Long Island traffic attorney, please contact us at the Law Offices of Michael W. Alpert at (516) 280-7288 or e-mail: firstname.lastname@example.org