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Old 11-12-2003, 03:45 PM
ehz1
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PA - Officer changing charged violation?


What is the name of your state? PA

My girlfriend received a ticket for "failure to obey traffic devices" And under description "speeding"

It is a VASCAR for 72 in a 55mph zone.

It was near 1am and she was driving her little Honda Civic. She doesn't believe she was going that fast. She pleaded "Not Guilty" at the clerk office.

Today, she went in to request information at the clerk's office as well as the police station for information regards to training, device calibration.

The police officier who issued her ticket came out and went off on her.

He stated, that if she fought this ticket he would issue another ticket that would increase the fine and have the offense be speeding. Can he change the charge after the fact?

Any advice and help is much appreciated.

Last edited by ehz1; 11-12-2003 at 04:12 PM.
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Old 11-12-2003, 04:49 PM
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Join Date: Aug 2002
Location: Washington
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Yes, but she can argue to the judge that allowing him to up the ticket just because she asserts her right to go to court violates due process/fair trial & is a blatant attempt to bully her into not fighting the ticket. Good luck.
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Old 11-12-2003, 05:01 PM
ehz1
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Thanks abezon for your quick response.

She does feel bullied, I suggested she file a complaint. That may be adding fuel to the fire.

As a follow-up to your response. Can the officer change the charge even though a court date is already been set? Or does he need to do that in court?

Have you or does anyone know of another case that a charge was increased for traffic violations before going to trial or during?

Her court date is 12/4, since the police office refused to give her imformation. The next steps is to request a motion for discovery? Do you just file that at the clerk's office?

Again, thanks in advance for your help and responses.
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