If an officer gives you a ticket and marks the wrong traffic violation and reissues you a new ticket in the mail with the correct traffic violation is this legal?

Answer 1

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.

Yes.

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.

Additional:

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.