I have a speeding citation that does not list the speed limit and alleged speed on the copy given to the defendant. The citation that was turned in is complete with all necessary information though.

Trans. code 543.010 says that info must be on the complaint and the the summons or notice to appear. Is the citation the summons or notice to appear the code is referring to? The Judge wants case law about it and in my limited searching today have not found anything. Anyone run across this issue?

The citation is the summons you are talking about. Having served as a municipal court judge in the past I have run across problems with the citations. I have never been able to find anything that says that the citation must be written immediately. I am aware of traffic accidents where officers wait until the investigation is complete and then write a citation later. If you have a defective citation then I would recommend that prior to trial a new citation be written alleging the actual date of the offense but noting the date of issuance and delivered to the defendant. A new complaint is filed and then the old complaint is dismissed. The prosecution then goes forward from there.

Does anyone know any law that prohibits this other than a limitations problem?

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Thanks for the welcome. However, I am a new prosecutor that is seeking help from my fellow prosecutors in a case I have pending on a motions docket. I am trying to keep the citation from being thrown out under Trans code 543.010. I am having trouble finding case law as Class C's don't seem to have much in the way of case law.

Thanks Gary, I'll see if I can get the officer to issue a new citation and try that route if I don't find anything else to save my officer's citation.

It would help others here to know that if you listed yourself as a prosecutor in your profile. Sometimes, we receive requests for information from persons that are not prosecutors.