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


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.

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