QUESTION
Can my case be dismissed because of a filing error?
Asked on Nov 09th, 2012 on DUI/DWI - North Carolina
More details to this question:
If the courts misfiled my case because they used an incorrect last name, can my case be dismissed? They used my middle name as my last name and I must say I got luck checking that at the web site to find my court date.
1 ANSWER
Criminal Law Attorney serving Gastonia, NC
at
The Law Offices of Ronald J. Shook
Update Your Profile
The shorter answer is no. Courts in North Carolina have found that where a name is misspelled or in the incorrect order on a citation the legal doctrine of idem sonans applies. This is a legal doctrine whereby a person's identity is presumed known despite the misspelling of his or her's name.
Answered on Nov 30th, 2012 at 11:49 AM