Understanding the Importance of Accurate Ticket Issuance

When you are pulled over and cited for a violation, it is crucial that the officer lists the correct infraction on the ticket. Any discrepancies can result in the ticket being dismissed, particularly if the officer fails to provide proper documentation or inaccurately lists the violation. This article will explore a personal experience with the Mississippi Highway Patrol, detailing how a police error on a ticket could lead to its dismissal in court.

A Personal Encounter with the Mississippi Highway Patrol

On a recent stop, I was pulled over by a trooper from the Mississippi Highway Patrol. The encounter began as a routine check as I was stopped for a roadblock. The trooper was a black gentleman, and after a brief interaction, another trooper—a black lady—joined in to conduct the necessary inquiries. Despite my explanation of having consumed alcohol earlier but not recently, the situation quickly escalated. The trooper wanted me to perform roadside sobriety tests, but I politely declined.

The officer then tried to strike a deal, promising not to write the ticket if I complied. However, this offer was clearly intended to exploit my need for immediate action to avoid immediate arrest. I refused, stating that I would present proof to get the ticket dismissed in court. The trooper’s conduct became increasingly confrontational, eventually leading to me being handcuffed and put in the police car.

The Jail Experience and the Intoxilyzer Test

Transporting to the jail took around 15 minutes, during which the officer continued to pressure me to take the field sobriety tests. Upon arrival, the time delay between the initial stop and the actual intoxilyzer test was evident, causing frustration on both sides. The trooper was seen joking with the deputies, and my request to ensure a proper procedure was met with initial resistance.

The trooper attempted several times to read the implied consent law and ask for a breathalyzer test, with me asking to speak with a lawyer each time. Her frustration grew, and eventually, she declared a DUI refusal and booked me for the night. The next day, I received a single ticket that listed both the lack of proof of insurance and a DUI, despite our earlier discussion not covering these points.

The Court Process and Possible Dismissal

While both the trooper and the prosecutor had the option to have the ticket dismissed due to the officer’s error, it ultimately came down to the court process. Ticket dismissal is possible when the officer’s documentation is incorrect or incomplete. This is particularly true when a single ticket lists multiple violations without proper documentation.

According to Tennessee v. Bullock (1980), a case that sets the standards for police protocols, each individual infraction should be documented separately. In my case, if the officer had separated the no proof of insurance and DUI violations, I would have had a strong basis to dispute the charges in court. By combining them, the prosecutor may struggle to prove the offenses.