In most instances, it is considered a cardinal sin to write a traffic infraction cite when you also have a more serious criminal offense included. The problem comes from an astute defendant (or their attorney) making a quick guilty plea and thus triggering a double jeopardy claim if the included misdemeanor is also filed. In this instance, it appears the matters are distinct and separate and the VC 2800 offense was not initially filed with the 22400.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 surprised that the officer did not consider this offense at the outset. Or, if he did, whether the VC 22400 was actually dismissed, or simply not filed as the DA considered the more serious offense. Perhaps after the story was related to a supervisor, they decided to pursue the VC 2800 offense even if the officer had not initially considered it. It may be a reason to justify the drawing of the Taser or other actions taken at the scene (such as reaching in and removing the keys).