Ticket rewrites? Dismissed case.

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  #1  
Old 03-26-15, 11:37 PM
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Ticket rewrites? Dismissed case.

I see no one really uses this board so I hope someone sees this. I was in an accident and sited. A truck pulled out in front of me and I t boned him. He had a stop sign I did not. I was given a ticket for "failure to control" only I never left my lane so technically I controlled my vehicle just fine and the prosecutor knew this and dismissed the case when I fought the ticket. almost 60 days has gone by and I get a call from the officer who wrote the ticket saying "I was asked by the courts to rewrite your ticket with the infraction "reckless driving" (there is a witness to the accident saying I was going to fast in that area) anyway the cop wants me to come in and sign and pick up my new ticket. Is this legal? for a ticket to be dismissed then rewritten. BTW the original accident date was 8 months ago but it was just dismissed 60 days ago.
 
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  #2  
Old 03-27-15, 12:44 AM
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Well, we do have a few legal types, but they don't get in to often. And most of them are more in the Real Estate/Insurance area.

I'd have to say call the prosecutor that dismissed the case. Or get a consult with a local atty. Some will answer a simple question like that for a minimal fee.

Deep in my gut, I just can't believe this is kosher.

One thing, the Prosecutor cannot dismiss the case..only a Judge can do that (and they can do it with or without prejudice). The Prosecutor can "Decline to prosecute or pursue the case", but that doesn't mean they couldn't refile later.

Who is this "witness"? Are they a trained LEO? Do they own a radar gun? What is their expertise at estimating speeds? Did they have a stopwatch and two fixed points to time you? Were they on the road and you passed them? Has their speedometer been calibrated/checked?

Personally, I would not go to sign the ticket. If they want your signature, then let them come get it, they know where you live. "Sorry, I'm really too busy to do that, but if you like, I'll be home at XX time". After, of course, you make a few calls/inquiries.

Another thing...check out the statute for reckless driving. 5 miles over the limit...or even 10, doesn't normally qualify. If they could even PROVE that.

In other words, it sounds like total BS to me.
 
  #3  
Old 03-27-15, 01:25 AM
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Not a legal pro, but I would definitely talk to a lawyer before signing anything, there may be an issue wilt you acknowledging you were aware of your speed. There is a long term cost to getting a ticket, insurance companies can use that for rate adjustments and even future employers can consider you against another applicant with zero tickets.

My son beat a 39 in a 25 speeding ticket (5 lane road) because the sign was behind a new tree they planted. After making his case the prosecuting attorney stood up and asked the judge to change the charges from exceeding the posted speed limit to excessive speed in a business district (no sign required). The judge quickly said "no way" too late and found my son not guilty.

I also suspect the initiative for the late ticket is not coming directly from the officer, but the other party or an insurance company that wants to lay some or all of the blame on you. Get the attorney, it is a one time expense to keep this bs off of your record.

Bud
 

Last edited by Bud9051; 03-27-15 at 01:26 AM. Reason: spelling
  #4  
Old 03-27-15, 01:49 AM
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I agree with the others. Don't sign the ticket, even if they bring it to your house, without an attorney's advice. Even in felony cases, the prosecutors can't change a charge from murder to reckless endangerment midstream. They file for a certain charge, and must prove that charge. You may want to go one step further if it escalates. Call a local news outlet and explain it to them. Often they are hungry for local stories of dumb stuff, which this qualifies, IMO.
 
  #5  
Old 03-27-15, 07:36 AM
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Okay, so I worded it wrong it was dismissed but like you said He declined to prosecute because I do have an attorney (accident attorney) but is on vacation for 2 weeks. Im lucky I didnt actually speak with the officer cause like you said im trying to ignore the new ticket. I cant actually be given a court date without signing the ticket correct? Also the witness is another driver, obviously no given information on what they do for a living but correct theres no way they could visually tell I was "traveling at a high rate of speed" see the thing is, its 45 where it happened and I was on a bike and walked away. So either im a boss or someones full of it. Even after the case "dismissal (or whatever you may call it)" the other drivers insurance still refuses to take blame so maybe you're right and someone wanted this re ignited. I did a little research and what I have found is an officer has up to 1 year to file a charge (in this case a ticket) for misdemeanor cases but couldnt find anything about a ticket rewrite changing the initial charge. and the worst thing about it is this cop is 400 lbs and isnt even fit to have the job.
 
  #6  
Old 03-27-15, 09:00 AM
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Did you have a hearing and a judge (or magistrate) dismissed the case--or was this "dismissed" by the prosecutor in a conference room and the case never heard by the judge?

Seems to me (IMO) if you were before the judge THAT was the time for any witness of record (on the accident report) to step up, new charges, negotiations, etc. THAT ship has sailed.

If it was the prosecutor who dismissed the case "without prejudice" he can file new charges but their case sounds like it's on very shaky ground. A threat of suing for malicious prosecution may trump whatever backroom deal they have with the insurance company (probably someone's brother in law).
 
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Old 03-27-15, 02:54 PM
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and I was on a bike and walked away
Just how much damage could you have caused with a bicycle?

other drivers insurance still refuses to take blame
The insurance company is not to blame. They pay for damages caused by the party at fault.

worst thing about it is this cop is 400 lbs and isnt even fit to have the job
Has nothing to do with the case.
 
  #8  
Old 03-27-15, 06:17 PM
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45mph = motorcycle, obviously.

other drivers insurance still refuses to take blame - as in the accident wasnt my fault and I want them to pay for the damage done to my motorcycle.

400 lb cop - has everything to do with it. would you let a blind man teach you to shoot a gun? well i feel the same about a 400 lb cop on call to one day "save my life"
 
  #9  
Old 03-27-15, 06:43 PM
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A bit of advice, do NOT mention ANYTHING about the officer's physical condition and fitness for his job. Nothing will turn a judge against you faster than to denigrate the police.
 
  #10  
Old 03-27-15, 07:18 PM
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And just like the person that said you were speeding...what are your qualifications to estimate the officers weight? Did you work in carnivals?

You'll be treading on quicksand if you even think about going there.
 
  #11  
Old 03-27-15, 10:42 PM
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its funny you ask, I actually do work for Cedar Point at the weight guessing station every summer when im not in school for 3 years now. even though it has nothing to do with vision im 95% sure im at most 15 lbs off.
 
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