The Municipal Court in Leander said Marshall May was issued the ticket May 31 and the police officer, Woodson Blase, filed to have it dismissed with the court the following day due to "erroneous issuance to underage violator," the Austin (Texas) American-Statesman reported Tuesday.
Court administrator Barbara Shannon said the ticket was dismissed Thursday. She said city laws do not allow for children under age 16 to be ticketed for the offense.
"Police officers make mistakes from time to time," City Attorney Barney Knight said. "By the time he got the ticket back to the office or went off of his shift, he realized he'd made a mistake and that case was going to be dismissed."
Gabriel May, the boy's father, welcomed news of the dismissal.
"It does concern me a little bit that something like that would happen in the first place," he said. But "when it's all said and done, I'm relieved it was dismissed."