Results 1 to 22 of 22
  1. #1

    Speeding ticket dismissed without prejudice -- chance of reopen?

    Hi Guys,

    I had a speeding ticket going 19 over in a school zone(I believe I was not guilty of this charge) dismissed 'without prejudice' because the officer didn't show up. Prosecutor had no information on why and the judge wrote 'no reason' for his absence on the back of my ticket when he dismissed it.

    I'm just wondering what the chances are that the case will be reopened? From what I understand, a dismissal without prejudice gives the prosecutor or the officer a chance to refile the ticket so I have to go to court again.

    I'm just wondering the likelihood of this?

    Does this basically never happen and it's more of a formality in court than anything else? I saw the judge give a without prejudice dismissal to another person where the officer wasn't even on the police dept anymore! Good luck getting him to come back to court for a speeding ticket lol

    If I knew the difference at the time I would have requested a dismissal WITH prejudice so I could rest easy knowing this will never be brought up again.

    -fro
    Last edited by afro; 06-07-2013 at 12:41 PM.
    "If God didn't want smoke in the air, he wouldn't have told us to burn witches" - Stephen Colbert
    "Where all think alike, no one thinks very much." -- Walter Lippman

    KD & ScorioXTC

  2. #2
    SVT God Spade's Avatar
    Join Date
    July 2005
    Location
    Elysburg, PA
    Posts
    2,634
    I'm not sure where here is but here in PA if the officer does not show the citation will most likely be withdrawn with no chance to reissue by the officer. On the other hand if the driver was given a break along the road and he/she takes a hearing on that citation, the officer can withdraw the citation prior to the hearing date and the original charge be issued.
    VEHICLE INFO:
    Black 2003 Cobra, born on Aug. 9, 2002. ~ Build number 1996 of 8394. ~ Tuned by Jon Lund.
    ENGINE MODS:
    Steggy Stage IV ~ Billetflow Thottle Body and Plenum ~ Billetflow 2.76 Non-slip and 4 Piece Idlers ~ SCT X-Calibrator 2 ~ NGK TR-6 V-Power ~ MAC Longtubes ~ 2.5" Flowmaster Catback ~ Catless X-Pipe ~ SCT MAF 2400 ~ JLT RAI ~ LDC Cooling Mod ~ LFP Extreme Dual Pass H/E ~ Kenne Bell BAP w/ wiring upgrade ~ Metco 4# lower ~ Sieman 63# Injectors
    SUSPENSION MODS:
    Steeda Lowering Spring ~ Steeda Camber Plates ~ Steeda Sub-frame Connectors ~ Billetflow IRS Brace~ IRS Delrin/UHMW/Alum Bushing Kit w/adj. Sway Bar Links & Bumpsteer Kit
    TRANSMISSION:
    MGW Orange Handle Shifter ~ Spec 3 Clutch Kit ~ Fidanza Flywheel ~ 26 Spline Input Shaft ~ Fiore Quadrant and Firewall Adjuster
    INTERIOR:
    MGW Composite Knob - 6 Speed ~ SOS Pillar Pod ~ Autometer Lunar Gauges - Boost and A/F Ratio
    EXTERIOR:
    SS BUMPER INSERTS


    KCCO

  3. #3
    Crazy SVT Poster Lt. ZO6's Avatar
    Join Date
    July 2008
    Location
    Las Vegas
    Posts
    840
    For a traffic violation as you described, I highly doubt the charge would be refiled.

    There are two reasons a charge is dismissed in these type cases:

    -With Prejudice: Something is pretty jacked up with the case (cannot be refiled)

    -Without Prejudice: Various reasons, i.e. minor procedural error, case not ready in time, etc. (can be refiled)

  4. #4
    Quote Originally Posted by Spade View Post
    I'm not sure where here is but here in PA if the officer does not show the citation will most likely be withdrawn with no chance to reissue by the officer. On the other hand if the driver was given a break along the road and he/she takes a hearing on that citation, the officer can withdraw the citation prior to the hearing date and the original charge be issued.
    hmm does PA not have dismissal with/without prejudice legal terms? I know every state seems to be different.

    Quote Originally Posted by Lt. ZO6 View Post
    For a traffic violation as you described, I highly doubt the charge would be refiled.

    There are two reasons a charge is dismissed in these type cases:

    -With Prejudice: Something is pretty jacked up with the case (cannot be refiled)

    -Without Prejudice: Various reasons, i.e. minor procedural error, case not ready in time, etc. (can be refiled)
    Why do you doubt it will be refiled?

  5. #5
    Resident Asshole silver03svt's Avatar
    Join Date
    July 2010
    Location
    VA
    Posts
    4,289
    Quote Originally Posted by afro View Post
    hmm does PA not have dismissal with/without prejudice legal terms? I know every state seems to be different.
    I can't speak for PA, but in VA, once a charge is dismissed against you, it cannot be charged again, for that incident. If a charge is Nolle Prossed, it can be recharged against you.

  6. #6
    Crazy SVT Poster Lt. ZO6's Avatar
    Join Date
    July 2008
    Location
    Las Vegas
    Posts
    840
    Quote Originally Posted by afro View Post
    hmm does PA not have dismissal with/without prejudice legal terms? I know every state seems to be different.



    Why do you doubt it will be refiled?
    Unless there were some extenuating circumstances regarding your speeding citation, it isn't worth the time/expense to refile.

    Is it guaranteed the agency will not refile? No; however, it is highly unlikely, in my opinion.

  7. #7
    Quote Originally Posted by Lt. ZO6 View Post
    Unless there were some extenuating circumstances regarding your speeding citation, it isn't worth the time/expense to refile.

    Is it guaranteed the agency will not refile? No; however, it is highly unlikely, in my opinion.

    The time/expense is what I figured. I am a little worried due to it being a school zone(double fine) violation and over 15mph the speed limit. It's worse than your standard fare.

    What's involved with an officer/prosecutor who wants to refile a ticket? Just curious.

    Thanks!
    Last edited by afro; 06-07-2013 at 02:51 PM.

  8. #8
    Crazy SVT Poster Lt. ZO6's Avatar
    Join Date
    July 2008
    Location
    Las Vegas
    Posts
    840
    Quote Originally Posted by afro View Post
    The time/expense is what I figured. I am a little worried due to it being a school zone(double fine) violation and over 15mph the speed limit. It's worse than your standard fare.

    What's involved with an officer/prosecutor who wants to refile a ticket? Just curious.

    Thanks!
    For the jurisdiction where I work, the officer would have to reissue a new citation.

  9. #9
    Quote Originally Posted by Lt. ZO6 View Post
    For the jurisdiction where I work, the officer would have to reissue a new citation.
    ok so they'd have to re-write out the entire ticket and hand it to someone to process I'm guessing?

    Do officers get pressure from the prosecutor to reissue tickets due to them not being in court that day? Do they usually even get an e-mail about it? Also, if they do reissue the ticket, when would I hear back from them? I was guessing within 1 month and if I don't hear back I should be good.

  10. #10
    Crazy SVT Poster Lt. ZO6's Avatar
    Join Date
    July 2008
    Location
    Las Vegas
    Posts
    840
    Quote Originally Posted by afro View Post
    ok so they'd have to re-write out the entire ticket and hand it to someone to process I'm guessing?
    Would depend on the jurisdiction. I have, on occasion, had one citation dismissed and immediately reissue a citation while in court.

    Do officers get pressure from the prosecutor to reissue tickets due to them not being in court that day? Do they usually even get an e-mail about it? Also, if they do reissue the ticket, when would I hear back from them? I was guessing within 1 month and if I don't hear back I should be good.
    I have never received any pressure from a prosecutor, influencing me to write someone a citation. There are very few situations where I (or my officers) could be compelled to cite someone.

  11. #11
    Resident Man Dime PistolWhip's Avatar
    Join Date
    May 2005
    Location
    South Jersey
    Posts
    5,704
    It's quite the opposite in my neck of the woods. In municipal court, it's usually the officer pressuring the prosecutor to stop being lasy and do his job much more often than the other way around. They look for any opportunity to plea or downgrade around here and usually only push the limits of the system or apply the full weight of the system if the officer pushes the issue.
    Now in superior court (county, state level charges) its usually the prosecutor making the call as to whether the case is tried or pled, but my county is so busy with serious violent crime, the non victim related things are almost always reverted back to municipal court or pled out pre trial.
    #1652 of 3545 2010 Shelby GT500 Performance White / Grabber Blue
    True Forged Wheels MADE IN THE USA!!!
    The D.D.- 2013 FX4 F150 Ecoboost The Mommy Mobile- 2014 Explorer Sport
    So if we're counting that's 3 cars, 4 turbos, 1 supercharger and countless destroyed tires...


  12. #12
    Crazy SVT Poster Lt. ZO6's Avatar
    Join Date
    July 2008
    Location
    Las Vegas
    Posts
    840
    Quote Originally Posted by PistolWhip View Post
    It's quite the opposite in my neck of the woods. In municipal court, it's usually the officer pressuring the prosecutor to stop being lasy and do his job much more often than the other way around. They look for any opportunity to plea or downgrade around here and usually only push the limits of the system or apply the full weight of the system if the officer pushes the issue.
    Now in superior court (county, state level charges) its usually the prosecutor making the call as to whether the case is tried or pled, but my county is so busy with serious violent crime, the non victim related things are almost always reverted back to municipal court or pled out pre trial.
    Pretty much the same here. I remember one of my officers did a traffic stop back in 2003. He ended up in seizing a little over 500lbs in MJ. The AUSA (Federal court) declined prosecution, so we ended up handing the case over to the LVMPD.

  13. #13
    Good news for me, maybe not so good for LEO's. Either way, I think you guys answered my questions. I really hope this doesn't come back to haunt me.

    Cheers!

  14. #14
    SVT God jshen's Avatar
    Join Date
    April 2003
    Location
    GA
    Posts
    3,221
    As posted above with and without prejudice is just as stated. In my neck of the woods, if such a case is dismissed for lack of the officer's appearance, it isn't dismissed but reset- if officer misses second time, it's dismissed and may be filed again. Officer gets an "invitation" to meet the judge wherein the officers gets to explain his failure to appear. Judge then decides whether contempt hearing is warranted. Prosecutor can file an accusation for the offense and violator gets summons to appear in court. Two year statute of limitation. However, the caseloads are quite high and chances of bringing case back are slim.

  15. #15
    Quote Originally Posted by jshen View Post
    As posted above with and without prejudice is just as stated. In my neck of the woods, if such a case is dismissed for lack of the officer's appearance, it isn't dismissed but reset- if officer misses second time, it's dismissed and may be filed again. Officer gets an "invitation" to meet the judge wherein the officers gets to explain his failure to appear. Judge then decides whether contempt hearing is warranted. Prosecutor can file an accusation for the offense and violator gets summons to appear in court. Two year statute of limitation. However, the caseloads are quite high and chances of bringing case back are slim.
    So you're saying that if the officer isn't present where you are the cases ARE dismissed without prej, but the cases are always retried?

  16. #16
    SVT God jshen's Avatar
    Join Date
    April 2003
    Location
    GA
    Posts
    3,221
    Quote Originally Posted by afro View Post
    So you're saying that if the officer isn't present where you are the cases ARE dismissed without prej, but the cases are always retried?
    No! The case is reset for another court day with officer ordered to appear and show cause why he/she wasn't there the first time. Officers may have perfectly valid reason- For example- officer still out on an important call, or pulled out on an "accident with injuries" on way to court, etc. If no appearance on the second reset- case is dismissed generally without prejudice and DA can file accusation if charge is serious enough to warrant it. Legally, it can be done within statute of limitations. Officer missing second appearance is RARE and only time I have seen that happen is where officer leaves department. Although officer would have known court date of first appearance he would not have notice of second unless served by subpoena.

    The bottom line is this- if an officer is needed for court and the case is serious enough...we will get them to court. All states have a uniform act to secure attendance of out of state witnesses...Again, the time, trouble and expense must be justified by the seriousness of the case and for traffic matters- it would have to be the veh. homicide, serious injury by motor veh, etc. to warrant it.

  17. #17
    Crazy SVT Poster Lt. ZO6's Avatar
    Join Date
    July 2008
    Location
    Las Vegas
    Posts
    840
    Quote Originally Posted by afro View Post
    So you're saying that if the officer isn't present where you are the cases ARE dismissed without prej, but the cases are always retried?
    You're reading too much into the responses given.

  18. #18
    Schooler of idiots RDJ's Avatar
    Premium Member
    Join Date
    October 2002
    Location
    Round Rock , Texas/ Afghanistan
    Posts
    15,724
    Good to see you posting again Jshen ... some threads have missed your expertiese :-)

    Quote Originally Posted by jshen View Post
    As posted above with and without prejudice is just as stated. In my neck of the woods, if such a case is dismissed for lack of the officer's appearance, it isn't dismissed but reset- if officer misses second time, it's dismissed and may be filed again. Officer gets an "invitation" to meet the judge wherein the officers gets to explain his failure to appear. Judge then decides whether contempt hearing is warranted. Prosecutor can file an accusation for the offense and violator gets summons to appear in court. Two year statute of limitation. However, the caseloads are quite high and chances of bringing case back are slim.

  19. #19
    SVT God jshen's Avatar
    Join Date
    April 2003
    Location
    GA
    Posts
    3,221

    Rdj

    Thank you for the kind words.. I monitor all the time but have not commented much. You do a good job keeping posts on track without me...

  20. #20
    Can't fix stupid!!! DevilDog81's Avatar
    Join Date
    November 2011
    Location
    MD
    Posts
    532
    Quote Originally Posted by PistolWhip View Post
    It's quite the opposite in my neck of the woods. In municipal court, it's usually the officer pressuring the prosecutor to stop being lasy and do his job much more often than the other way around. They look for any opportunity to plea or downgrade around here and usually only push the limits of the system or apply the full weight of the system if the officer pushes the issue.
    Now in superior court (county, state level charges) its usually the prosecutor making the call as to whether the case is tried or pled, but my county is so busy with serious violent crime, the non victim related things are almost always reverted back to municipal court or pled out pre trial.
    +10

    Same here in MD. State Attorneys are afraid and too lazy to do their job!!!

    I had some DB carrying 1/2 lbs of weed to distribute, he is taking drug classes!!!



    6sp Tremec Magnum, Spec 3+ clutch, Fidanza flywheel, GodSpeed Deep Dish Wheels, Carbon Fiber JLT Air Intake, MMR 5.0 Stroker, ProCams stage 3, Kenne Bell 2.2L, Kook headers with custom exhaust system, electronic cutouts, Maximum Motorsports K-Member/coilcovers/subframe connectors, Koni Sport adjustable shocks, Billetflow Pulleys, Yellow Top Battery, 3.73 gears, Full tilt boogie racing IRS kit, Division X fuel system, Fore fuel rails, Killer Chiller, Moroso tanks, cooling mod, Fluidyne Radiator, AFCO pro-series heat exchanger, coverking seat covers, Speedhut gauges.

    2001 Mustang Cobra Custom Built Terminator by: Bill Wiseguy from https://www.facebook.com/groups/bapracing/ and
    Jason Roth from http://www.competitionspeedandsound.com/

  21. #21
    SVT God jshen's Avatar
    Join Date
    April 2003
    Location
    GA
    Posts
    3,221
    Many years ago when I was an officer, I hated DAs allowing or encouraging pleas to lesser charges- particularly DUI. When I became a prosecutor I kept that in mind as does every prosecutor I know that has served as a LEO. However, the complaints of lesser pleas are common and we encouraged every prosecutor to go over the plea with the officer to: explain why the plea is the right thing and hopefully get an agreement from the officer. For example, there may be an issue with the case as made and may be fatal during a trial..Do you "go with it" or try to work something out so you don't lose the entire case. For those DAs who just plea out to "get out"- I have no respect for them whatsoever.

    I don't know about your jurisdiction but our misdemeanor court DAs may have 600 pending cases at any given time...Jury trials may take a day or so. Superior Courts (felony cases)- my caseload was about less however, jury trials here take a week.. The bottom line is there is a time factor issue.

    Now as a Def. Atty, I get to pick my cases and work them to the hilt- something DAs don't have time to do..I will point out deficiencies in the cases to the DAs in order to work things out...If they go for it fine- if not- fine.

    Oh - DevilDog- poss w/intent to distribute mar. less than 10 pounds here is a probation case- I hate it but there is no room at the jail for them
    Last edited by jshen; 06-09-2013 at 12:24 PM.

  22. #22
    Schooler of idiots RDJ's Avatar
    Premium Member
    Join Date
    October 2002
    Location
    Round Rock , Texas/ Afghanistan
    Posts
    15,724
    as a non-leo / non DA my only issue with plea bargins are when it comes to DUI ... maybe the first one if the mope isn't way over the limit but other than that I think plea deals for those idiots should be not allowed and never considered.

    Quote Originally Posted by jshen View Post
    Many years ago when I was an officer, I hated DAs allowing or encouraging pleas to lesser charges- particularly DUI. When I became a prosecutor I kept that in mind as does every prosecutor I know that has served as a LEO. However, the complaints of lesser pleas are common and we encouraged every prosecutor to go over the plea with the officer to: explain why the plea is the right thing and hopefully get an agreement from the officer. For example, there may be an issue with the case as made and may be fatal during a trial..Do you "go with it" or try to work something out so you don't lose the entire case. For those DAs who just plea out to "get out"- I have no respect for them whatsoever.

    I don't know about your jurisdiction but our misdemeanor court DAs may have 600 pending cases at any given time...Jury trials may take a day or so. Superior Courts (felony cases)- my caseload was about less however, jury trials here take a week.. The bottom line is there is a time factor issue.

    Now as a Def. Atty, I get to pick my cases and work them to the hilt- something DAs don't have time to do..I will point out deficiencies in the cases to the DAs in order to work things out...If they go for it fine- if not- fine.

    Oh - DevilDog- poss w/intent to distribute mar. less than 10 pounds here is a probation case- I hate it but there is no room at the jail for them

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •