Can You Fight a Texas Speeding Ticket If They Write Down the Wrong Vehicle Color?

Minor errors made by a Texas police officer like entering the wrong vehicle color when filling out a speeding ticket is unlikely to provide grounds for a dismissal because of the way traffic tickets are prosecuted in the state.

Tickets and Complaints

In Texas, a speeding ticket is a written notice to appear in court, not an actual charging instrument. Prosecutors file the charge by preparing a complaint by information as required by statute. The ticket is used only as the source document for the complaint, not for filing or prosecuting the offense.

Sufficency of Charging Instrument

The Texas Code of Criminal Procedure states that no charging instrument is to be considered insufficient (charges dismissed) unless there are defects of form that "prejudices substantial rights" of the accused.

Effects of Immaterial Errors

Substantial Texas case law exists that states minor errors in tickets are considered immaterial once a complaint has been filed. The fact that the wrong vehicle color was entered on a speeding ticket would not be be viewed as something that prejudiced substantial rights of the accused, and fighting a speeding ticket on that basis alone would be unsuccessful.

References

• Texas Transportation Code: Section 543.003
• Texas Criminal Code of Procedure: Indictment and Information
• El Paso Municipal Appelate Court: Case Subject Index