Texas
Stopped in Nov of '04, in Montgomery County, for speeding. Arrested for driving with a suspended license. (The Occupational license had an incorrect date on the order from the judge and it was corrected by the judge.) When brought before a judge the following morning, the arresting officers statement, or whatever it was, was read and it said "speeding, 30 mph in a 40 mph zone". The judge stopped the proceedings and ordered the charges dismissed, and immediate release, because of finding "no probable cause" for the traffic stop. The person was released. They received no ticket, and no further summons or notification of any sort.
On October 22, was stopped for speeding, no ticket issued, and the officer found that a warrant had been issued for failure to appear on a charge of "driving while license suspended" from November of 2004. The person was again arrested and taken to the Montgomery County jail.
We do not know if the charge was re-filed or it is the same as the one from the traffic stop where the no probable cause was issued.
Questions are: Can the officer refile the charge without any other proof except the original stop in Nov of 2004, or can they keep the original charge open? I realize there was probably some sort of effort to mail the summons or notify but we never received any. I was under the imporession that if a "no probable cause' was issued for a traffic stop then nothing derived from that stop can be subsequently used.
Stopped in Nov of '04, in Montgomery County, for speeding. Arrested for driving with a suspended license. (The Occupational license had an incorrect date on the order from the judge and it was corrected by the judge.) When brought before a judge the following morning, the arresting officers statement, or whatever it was, was read and it said "speeding, 30 mph in a 40 mph zone". The judge stopped the proceedings and ordered the charges dismissed, and immediate release, because of finding "no probable cause" for the traffic stop. The person was released. They received no ticket, and no further summons or notification of any sort.
On October 22, was stopped for speeding, no ticket issued, and the officer found that a warrant had been issued for failure to appear on a charge of "driving while license suspended" from November of 2004. The person was again arrested and taken to the Montgomery County jail.
We do not know if the charge was re-filed or it is the same as the one from the traffic stop where the no probable cause was issued.
Questions are: Can the officer refile the charge without any other proof except the original stop in Nov of 2004, or can they keep the original charge open? I realize there was probably some sort of effort to mail the summons or notify but we never received any. I was under the imporession that if a "no probable cause' was issued for a traffic stop then nothing derived from that stop can be subsequently used.
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