Can a trooper charge you for speeding if he didn’t give you a ticket?

Received a ticket for 55 in a 35, he
said he could charge me for 75 in a 55
but he was cutting me a break. He also
said if I plead not guilty he’d show up
in court and charge me for the 75 in a
55. Can he do that?

Asked on June 20, 2017 under General Practice, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

A charge such as this cannot be changed to a more serious offense then that stated on the ticket. That having been said, the charge can be reduced from what what written on the ticket.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, they cannot increase what you are charged with beyond what was on the ticket--they can always *reduce* the charges, but they can't charge you with more or a more serious offense than was on the ticket (or summons, if issued a summons instead of a ticket). The ticket defines the most serious charge you could face.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.