Can a speeding ticket be re-issued after dismissal?
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Can a speeding ticket be re-issued after dismissal?
I requested a formal hearing for my speeding ticket 5 mph over limit, actually went 22 over. During the process I talked to the prosecutor who reduced it to an impeding traffic violation. However, I had come to the court to explain my situation and so was still further pondering on accepting the deal won’t get into specifics
about explanation here. The prosecutor was incredibly aggressive reiterating how much of a bargain this was and requesting I go sit down in the lobby and further think about it. Called me back in and told me that he requested the officer to not show up in order to not waste his time? Additionally that the case would be
dismissed since he didn’t show up. Then proceeded to harass me saying that if I didn’t agree to the deal that after the case would be dismissed he would personally ask the officer to re-write the ticket for 22 over and give me a lot more points. Firstly, can a cop re-issue a ticket after its already been dismissed? I assume that there’s a loophole here where it’s technically a new ticket for the same incident but I’d like to get confirmation. Secondly, can this be considered harassment?
Asked on February 26, 2019 under General Practice, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
It depends on how the ticket was dismissed. If it was dismissed by the judge "with prejudice," that means it cannot be re-issued; that is generally when there was some finding by the judge that the ticket was improper and should never have been brought, or that you had a compelling defense. It if was dismissed by the judge for a procedural reason, like an officer not showing up to testify or voluntarily by the prosecutor, it can be re-issued.
If you really were 22mph over the limit, you can be re-ticketed for the full amount: the fact that they might have voluntarily chosen to cut you a break and ticket you initially for a lesser offense does not stop them from re-issuing one for the full extent of what you did.
It's not considered harassment if you reject a deal, plea, or leniency and they cite you for the full amount of what they could have cited you in the beginning.
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