winsnomore
Junior Member
What is the name of your state? NJ
A cop stopped me for travelling "too long" in the 3 lane road, which has the center lane marked for turning left by either side.
On seeing my clean driving record, he offered to give me a seat belt ticket, I was wearing one .. so he wrote me a ticket for blocked view on windsheild ( I had a small air freshner thing).
As he handed me the ticket, I asked him what's the law on driving in the middle lane and he said he couldn't tell me (or he didn't know the exact distance ... I don't recall).
I said then why does he think I did something wrong .. he went back and wrote me another ticket for improper passing. It's a 4 point ticket.
I have a question:
Is there a legal argument that he should have first issued me a 4 point ticket first and then only for any minor infraction.
In NY there is(at least was) a law that you can't charge a person for a small offence and then up the charges later .. you have to start with a higher charge if they occured at the "same" time.
Question is:
does this higher charge first argument apply?
- anyone can help me on the legal term for this
Thanks in advance
A cop stopped me for travelling "too long" in the 3 lane road, which has the center lane marked for turning left by either side.
On seeing my clean driving record, he offered to give me a seat belt ticket, I was wearing one .. so he wrote me a ticket for blocked view on windsheild ( I had a small air freshner thing).
As he handed me the ticket, I asked him what's the law on driving in the middle lane and he said he couldn't tell me (or he didn't know the exact distance ... I don't recall).
I said then why does he think I did something wrong .. he went back and wrote me another ticket for improper passing. It's a 4 point ticket.
I have a question:
Is there a legal argument that he should have first issued me a 4 point ticket first and then only for any minor infraction.
In NY there is(at least was) a law that you can't charge a person for a small offence and then up the charges later .. you have to start with a higher charge if they occured at the "same" time.
Question is:
does this higher charge first argument apply?
- anyone can help me on the legal term for this
Thanks in advance