Check out some similar questions!

landofticket · Dec 27, 2007, 01:17 PM

Hello, I received a stop sign violation traffic ticket. I fought it in court and the judge dismissed it. However, the cop was furious with the decision and re-issued the ticket two days later changing the wording in the ticket.

My question are: does the cop have the authority to re-issue a dismissed ticket? How do I fight it?

Thanks in advance, Frank

Fr_Chuck · Dec 27, 2007, 03:45 PM

What was the second ticket for. If it was not for one of the lesser included crimes ( such as failure to yield right of way)

excon · Dec 27, 2007, 04:43 PM

Originally Posted by landofticket

My question are: does the cop have the authority to re-issue a dismissed ticket? how do I fight it?

Hello Frank:

Nahhhh. Go to court and tell the judge.

excon

smearcase · Dec 27, 2007, 05:52 PM

I am not a lawyer but the judge must have given him a clue as to how he should have written it up to get a conviction and he is now writing it up that way. My first thought would be is if too much time has passed since the alleged offense for him to write a new ticket.
1. Do you have a TV station that looks into these kinds of things? Might be something they would be interested in, and you get a free legal opinion in the process.
2. Should be an easy one for a lawyer and maybe at no charge.
3. If you get the same judge he may come down hard on the officer for trying to make an end run on his decision or he may just say I am glad to see you got it right this time.
4. Bottom line is it is either legal or illegal and you need at least a lawyer or maybe the judge to decide. My first reaction when I read your question was --No way they can do this.

Fr_Chuck · Dec 27, 2007, 06:02 PM

Now how did the judge actually rule ?

If he found you not guilty,

OR,

Did he dismiss the case because the ticket was not written properly

If the case was merely dismissed then there are two ways to be dismissed, one allows the charges to be re-filed, ( new ticket) and the other way does not.

Remember a person charged with a crime the case is often dismissed for lack of evidence, but they can latter refile charges, even a case dismissed because of a hung jury can be re-filed.

So a case being dismissed is not the same as being found not guilty