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It depends on how things work out. You might have a chance to get out of that one if you appear in court with both tickets in hand and the explanation. Plead not guilty to the first ticket, showing as evidence the fact that the officer sent the second ticket. If you can get the judge to dismiss the first ticket, then plead not guilty to the second stating double jeopardy as the grounds. You can't be tried twice for the same infraction. It just might work, depending on the judge and how everything comes together. But keep your mouth shut about the double jeopardy until you get the first ticket dropped. That part will be the key.

Now for the disclaimer, I'm not a lawyer, have no right to give advice and you shouldn't take my advice if I do give it. You should seek advice of competent council before taking any legal action... but that's what I would do.


Double jeopardy does not apply in misdemeanor cases such as traffic violations.

It is a common misconception that an officer issuing a ticket with the wrong address, wrong violation code, etc is not a valid ticket or cannot be amended.


In some states the officer would be required to prove that you were lawfully served a copy of the summons. Mailing it to you via first class mail may be sufficient in some states, but not in most. Most states require that the summons be delivered in person, or by registered mail with signature and ID required and return receipt requested. In this way, the officer can prove that you were the one served. Check state and local laws regarding proof of service for traffic summonses.

2011-07-31 17:20:54
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Related Questions

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In Texas can a police officer arrest you for running a red light?

The officer can ticket you for the traffic violation, he or she can arrest you if there are mitigating circumstances.

Is a ticket valid if it has the wrong date on it?

Yes. You can take it to court if you wish but most all traffic court magistrates and judges will allow the officer to correct such a minor error in court IF all the other information contained on the violation notice is correct.

Can police arrest for a non serious traffic violation?

What is your definition of "non-serious?" The answer to the question is yes. A traffic violation is a misdemeanor offense for which the officer, in their judgement, can make a summary arrest - IF it occurred in his presence..... and most moving traffic violations DO occur in the officers presence.

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It is illegal. The officer told me ranks right up there with a DUI.

Is a wet reckless a traffic violation?

Yes wer reckless is a traffic violation.

What is a major traffic violation?

When you make a traffic violation that was a major problem! BY: KHRYSTEANA

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The traffic violation with code 1050020 66 is exclusive information that can only be provided by the California police. A police officer is responsible for this information.

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what is class u traffic violation

How does a police officer know a price of a traffic violation?

Usually the court provides a bail or fine schedule to the police department.

Can you get a federal felony sealed if you had a traffic violation?

I know of no traffic violation that amounts to a felony offense and of no traffic violation which would fall under the jurisdictioon of the federal governmnent.

Is a traffic violation valid if you don't sigh it?

Yes. However, refusing to sign it gives the officer permission (in most states) to arrest you for the violation. It's much better to sign it and fight in court!

Why would someone need a traffic violation lawyer?

Someone would need a traffic violation lawyer if they were wrongfully accused of a traffic violation and do not have enough knowledge of the laws to defend themselves in a court.

When You Disagree with a Traffic Violation?

If a police officer issues you a traffic violation, you have several alternatives. Accept the ticket as gracefully as possible when you are dealing with the officer, though. Arguing about a violation that is being issued during a traffic stop can hurt your chances of having the ticket reversed at a later date. Belligerence with a police officer can also lead to more expensive citations than the original traffic violation would have been. If the officer hands you a ticket, take it and be on your way as quickly as possible. Traffic Court Everyone who is issued a traffic violation has the right to argue that violation in traffic court. Each city or county in the United States has small courtrooms set up so that a judge can listen to traffic complaints and make rulings. These courts are not the same as criminal courts. There is no jury, and most of the people filing complaints do not have attorneys with them to argue their cases. A single judge will listen to your side of the story and decide whether or not the traffic violation was valid. When to get an Attorney It is possible to hire an attorney who is an expert in traffic law to represent you at traffic court. The attorney will stand before the judge as your representative and state your case. It is not uncommon for an attorney who specializes in traffic cases to get a traffic violation overturned or removed from your record. The best time to seek an attorney is when you believe that you did not deserve the traffic violation. You should also seek an attorney if the fine is exorbitant or the ticket would cause your insurance rates to increase a great deal. The attorney will be able to tell you whether you have a decent case or not before you hire him or her. What to Expect Your traffic violation should list the time and place of the local traffic court. You should expect to find a line of people waiting to see the judge when you arrive at the courtroom. Traffic courts move very quickly, so be prepared to speak as soon as it is your turn to see the judge. You need to be aware that there will be court costs involved whether you win your case or not. The judge typically makes a decision while you wait and then moves on to the next person in line.

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It depends on the violation and the state.

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yes if you were caught on tape then yeah

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You can contact EP Traffic Department to check a traffic violation on a car number plate in KSA.

Can you go to traffic school for an out of state traffic violation?

The court where you received the violation would decide to allow you to attend traffic school for point reduction. Not all states allow traffic school. In and Out Traffic

What is a non scheduled violation traffic ticket mean?

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To check the traffic violation on car number plate in KSA, simply contact the EP Traffic Department.

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Is it possible to pay a traffic violation ticket to a state local police or sheriff's duputy in Illinois at the time of the violation?

No, that could be construed as bribery. The only money that can change hands with the police officer at the time of arrest is bond.

Cost of a traffic violation in Texas?

That depends on the exact violation and what the judge desides.