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Ticket dismissed got a letter 1 mo. later DA wants to prosecute

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inspectit4u

Active Member
California) I received a ticket for impeding traffic VC 22400A. I went to court and the judge dismissed it. A month later I recieve a letter from the DA trying to prosecute me. He Changed the vehicle code to VC 2800A
 


Zigner

Senior Member, Non-Attorney
California) I received a ticket for impeding traffic VC 22400A. I went to court and the judge dismissed it. A month later I recieve a letter from the DA trying to prosecute me. He Changed the vehicle code to VC 2800A
Sounds like you'll need to defend yourself.
 

Taxing Matters

Overtaxed Member
If the charges were dismissed without prejudice then the DA may refile charges on it. If you were actually acquitted on the charges or the dismissal was with prejudice then you could not be charged again.
 
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inspectit4u

Active Member
If the charges were dismissed without prejudice then the DA may refile charges on it. If you were actually acquitted on the charges or the dismissal was without prejudice then you could not be charged again.
The supposed infraction was not seen by law enforcement. Some lady told the cop i commited the infraction. Cop found me 1/2 hr and gave me a ticket.
 

Zigner

Senior Member, Non-Attorney
If the charges were dismissed without prejudice then the DA may refile charges on it. If you were actually acquitted on the charges or the dismissal was without prejudice then you could not be charged again.
It's a different charge...it doesn't matter what the prior dismissal was.
 

LdiJ

Senior Member
If the charges were dismissed without prejudice then the DA may refile charges on it. If you were actually acquitted on the charges or the dismissal was without prejudice then you could not be charged again.
I think you meant "with" in that part of the sentence.
 

Taxing Matters

Overtaxed Member
It's a different charge...it doesn't matter what the prior dismissal was.
It does matter. If the new charge arises from the same facts or circumstance as the prior charge then the dismissal with prejudice or acquittal will block the prosecution of the new charge.
 

Zigner

Senior Member, Non-Attorney
California) I received a ticket for impeding traffic VC 22400A. I went to court and the judge dismissed it. A month later I recieve a letter from the DA trying to prosecute me. He Changed the vehicle code to VC 2800A
Did you refuse to do something the officer instructed you to do?


https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=2800.

2800.
(a) It is unlawful to willfully fail or refuse to comply with a lawful order, signal, or direction of a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, when that peace officer is in uniform and is performing duties pursuant to any of the provisions of this code, or to refuse to submit to a lawful inspection pursuant to this code.
 

inspectit4u

Active Member
Did you refuse to do something the officer instructed you to do?


https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=2800.

2800.
(a) It is unlawful to willfully fail or refuse to comply with a lawful order, signal, or direction of a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, when that peace officer is in uniform and is performing duties pursuant to any of the provisions of this code, or to refuse to submit to a lawful inspection pursuant to this code.
No not at all
 

inspectit4u

Active Member
No not at all
One officer on my side but taser to my face and told me to shut the truck off. The officer on the other side was telling me to pull over to the curb I did know what to do the cop reached in and through my keys in the middle of the street. The officer told my wife he only gave me a ticket because he was upset he had a work that day. This was during the super boom in Southern California
 

Zigner

Senior Member, Non-Attorney
One officer on my side but taser to my face and told me to shut the truck off. The officer on the other side was telling me to pull over to the curb I did know what to do the cop reached in and through my keys in the middle of the street. The officer told my wife he only gave me a ticket because he was upset he had a work that day. This was during the super boom in Southern California
So you did fail to comply, but the matter you need to prove is whether it was wilful noncompliance.
You may wish to consult with an attorney.
 

LdiJ

Senior Member
So you did fail to comply, but the matter you need to prove is whether it was wilful noncompliance.
You may wish to consult with an attorney.
Did you actually read that thoroughly? He said one cop with a taser to his face was telling him to turn off the truck, and the OTHER cop was telling him to pull over to the curb. I think most people's reactions would be to simply freeze in that circumstance. I know mine would be. He couldn't comply with both sets of demands.

I am actually astounded that the DA is pursuing this after the judge already dismissed the case. Its a traffic violation. Why would a DA waste resources on this kind of case? There is no logic to it at all.
 

CdwJava

Senior Member
When you say the judge "dismissed" it, did the judge actually tell you the matter was dismissed? Or, had the matter NOT been filed? There IS a difference. Also, since VC 2800 is not a lesser-included offense, it is likely that the matter was pursued independent of the infraction.

This is a misdemeanor with the possibility of jail time. You should consult an attorney ASAP.
 

Taxing Matters

Overtaxed Member
When you say the judge "dismissed" it, did the judge actually tell you the matter was dismissed? Or, had the matter NOT been filed? There IS a difference. Also, since VC 2800 is not a lesser-included offense, it is likely that the matter was pursued independent of the infraction.
With the additional information provided, I agree. The new charge relates to a different event than the infraction does, so the dismissal of the infraction would not prevent filing the charges for the alleged refusal to obey an order of a peace officer.

I am actually astounded that the DA is pursuing this after the judge already dismissed the case. Its a traffic violation. Why would a DA waste resources on this kind of case? There is no logic to it at all.
Of course, we don't know all the facts of this. The DA and cop may have a rather different view of the matter.
 

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