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Speeding ticket dismissed without prejudice -- chance of reopen?

Discussion in 'Donut Shop' started by afro, Jun 7, 2013.

  1. afro

    afro Why? Established Member

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    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: Jun 7, 2013
  2. Spade

    Spade New Member Established Member

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    I'm not sure where here is but here in PA if the officer does not show the citation will most likely be withdrawn with no chance to reissue by the officer.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.
     
  3. Lt. ZO6

    Lt. ZO6 New Member Established Member

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    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. afro

    afro Why? Established Member

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    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?
     
  5. silver03svt

    silver03svt Heavy Handed Guidance Counselor Staff Member Super Moderator

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    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. Lt. ZO6

    Lt. ZO6 New Member Established Member

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    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. afro

    afro Why? Established Member

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    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: Jun 7, 2013
  8. Lt. ZO6

    Lt. ZO6 New Member Established Member

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

    afro Why? Established Member

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    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. Lt. ZO6

    Lt. ZO6 New Member Established Member

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    Would depend on the jurisdiction. I have, on occasion, had one citation dismissed and immediately reissue a citation while in court.

    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. PistolWhip

    PistolWhip Resident Man Dime Established Member

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    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.
     
  12. Lt. ZO6

    Lt. ZO6 New Member Established Member

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    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. afro

    afro Why? Established Member

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    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. jshen

    jshen Active Member Established Member

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    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. afro

    afro Why? Established Member

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    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. jshen

    jshen Active Member Established Member

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    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. Lt. ZO6

    Lt. ZO6 New Member Established Member

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    You're reading too much into the responses given.
     
  18. RDJ

    RDJ ZERO shits given Established Member

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    Good to see you posting again Jshen ... some threads have missed your expertiese :)

     
  19. jshen

    jshen Active Member Established Member

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    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. DevilDog81

    DevilDog81 Can't fix stupid!!! Established Member

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    +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!!!

    :shrug:
     

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