TX - Reissued Ticket

[josephg]

What is the name of your state? TEXAS

My parents have a unique situation. They have received a speeding ticket and fought it in court. It was dismissed once for "defective complaint." The officer reissued it and mailed it to my father via certified letter, and it was again dismissed for "insufficient evidence." He has a third time sent it to my father via certified letter, this time changing the ticket from "75 in a 60" to "75 in a 65."

Is this legal??? Does Double Jeopardy come into play here?

Thanks,
--Joseph

 

[JIMinCA]

Wow.. this cop has it out for your dad!!!

Was it dismissed at trial? Sounds like double jeopardy to me (or triple jeopardy!!)

Have him call the prosecutor's office and complain.

 

[The Occultist]

It's not double jeopardy. It's a different offense every time.

But I agree, this officer certainly has it out for your dad. I second the suggestion to talk to the prosecutor.

 

[JIMinCA]

Double Jeopardy protects an individual from being tried with the same crime twice... not being charged with the same offense twice. Otherwise, you could be charged with murder, recieve an acquittal, and then be retried for manslaughter. It doesn't work that way.

 

[You Are Guilty]

Jim, I thought you said that this never happens - a ticket gets amended after being tossed for procedural reasons? Guess we weren't lying after all.

PS: Your DJ example stinks - look up "lesser included offenses".

 

[SnowCajun]

Wow.. this cop has it out for your dad!!!
Was it dismissed at trial? Sounds like double jeopardy to me (or triple jeopardy!!)
Have him call the prosecutor's office and complain.

I have to say "wow" also, I've never heard of such a thing. Personally I'd call his supervisor and ask if this officer has a vendetta against your father. Of course he probably doesn't, unless you know of a reason he would, but this will bring attention to the matter to make it appear that your father is being unduly harrassed, and ask his supervisor to explain what the heck is up! If you don't get a satisfactory answer then I think if this is a major police agency I'd even go as far as asking Internal Affairs about it, it's your right as a citizen to look into what you feel are wrong doings. I lived in Texas 25 years and never heard of such a thing, that's incredible!

Good luck,
SnowCajun

 

[VeronicaLodge]

Jim, I thought you said that this never happens - a ticket gets amended after being tossed for procedural reasons? Guess we weren't lying after all.

PS: Your DJ example stinks - look up "lesser included offenses".

its one thing it there is a lesser included offense, but if they don't include it and you are acquitted they cant come back later and try you for the lesser offense.

 

[stingray600]

Wow that is BS...You would think that if they didn't have the evidence to convict you on a higher charge what would make someone think they have the evidence to convict you on a lesser charge?

Welcome to the American Legal system

 

[Zigner]

Wow that is BS...You would think that if they didn't have the evidence to convict you on a higher charge what would make someone think they have the evidence to convict you on a lesser charge?

Welcome to the American Legal system

Again - you're not making any sense...

 

[The Occultist]

Wow that is BS...You would think that if they didn't have the evidence to convict you on a higher charge what would make someone think they have the evidence to convict you on a lesser charge?

Welcome to the American Legal system

It's obvious you have no idea what you're talking about. Thanks for your input anyways.

 

[randomguy]

OP,you said judge dismissed the same ticket 2 times. The second time, did the judge do regular dismissal or did he dismiss with prejudice?

 

[josephg]

I believe it was a regular dismissal. He also informed my parents to get a hold of Internal Affairs because this is harassment.

I've been trying to talk them into it but from their first encounter with the officer they've been afraid to. The officer was very verbally aggressive.

 

[VeronicaLodge]

the judge told you it was harassment and to contact IA? wow

 

[JIMinCA]

When committing such an inappropriate enforcement of the law, that cop really has no more power than your parents give him. It is cops/state officials like that which motivate me into strictly holding the state responsible to adhering to its own rules. You should really have your parents stand up to him. You can best bet that if your parents are being harrassed, others are too.