Can traffic charges be withdrawn and replaced?

UPDATED: Oct 1, 2022

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Can traffic charges be withdrawn and replaced?

My husband got 2 citations the other week; 1 for lack of inspection and 1 for having inspection stickers that did not belong on our vehicle apparently. After reviewing the citations, we saw that the officer had put down the incorrect driver’s license number, birthday and sex. He pled not guilty due to this misinformation. Well we just got stuff in the mail the other day that said

Asked on May 23, 2019 under General Practice, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

They can file new charges because the old charges were voluntarily withdrawn by them, which means there was no ruling "on the merits" (i.e. on the substance of the charges) in favor of your husband. When charges are voluntarily withdrawn (or dismissed for technicalities, like a wrong license plate number) and you are not actually found "not guilty," the authorities can correct their mistake and re-charge you. Only a finding in your favor on the merits protects you from being re-charged.

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