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Tickets at time of warrant arrest.

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MrCrim

Junior Member
What is the name of your state (only U.S. law)? Texas

I didn't think there was a problem with this but I've had several people tell me otherwise so I'm looking for the hard fast rule on this. My wife had several traffic tickets that turned over to warrants when she failed to appear in court and didn't pay them. When she was picked up on the warrant she had been caught speeding in a school zone going 17 over. The officer issued two tickets one for the speeding and one for her registration being out. (Expired in August, arrested in September). Due to a lack of resources she pleaded guilty on the warrants and is serving the time for them, however was told she will still have to pay those two tickets.

I've been told two different things. 1) Any tickets or warrants active at the time of arrest are resolved by the jail stay so those tickets should either be waived or added to her total. (They haven't been added). 2) An officer arresting someone for a warrant is supposed to execute the arrest immediately and therefore cannot issue tickets first and therefore these tickets should be invalid.

Are either of these cases true? If not, are there any special rules or does she just have to pay them. She's in jail right now because she couldn't afford the to pay tickets in the first place...
 
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racer72

Senior Member
Ask those that "told" you to provide proof.

1) Any tickets or warrants active at the time of arrest are resolved by the jail stay so those tickets should either be waived or added to her total.
Not true. She will have a separate hearing on the new tickets. The time in jail only addressed the previous citations and warrants.

An officer arresting someone for a warrant is supposed to execute the arrest immediately and therefore cannot issue tickets first and therefore these tickets should be invalid.
Again not true. There is no law that says someone under arrest for one crime cannot be cited for another. This actually happens quite often.
 

MrCrim

Junior Member
Thanks for the information, that was pretty much what I thought the case was but had had some doubt cast on it and wanted to clarify with people.
 

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