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if I fight my ticket can they add charges?
I got tagged for a "carpool lane violation" - which is untrue. The cop was exploiting some really bad lane marking at the freeway entrance, and I can prove it no problem.
But. The cop claimed I also committed a moving violation (points - higher insurance). "To be a nice guy", he wrote me instead for the carpool violation. Which is a nasty fine, but no points.
I can go to court with my photos and traffic design manuals -- and I'll win. If I do, can they be nasty and RE-charge me with the moving violation? Or is that off the table since he didn't write me for it during the traffic stop?
If they did re-charge me, who would do that? The cop himself? Could the A.D.A do it? Can they use my defense of the carpool lane charge as evidence to tag me on the moving violation?
4 Answers
- 1 decade agoFavorite Answer
You cannot be charged with a moving violation that you weren't ticketed for. Go make your case and good luck.
- 1 decade ago
Cops have nothing to do with the messed carpool lanes that's all government not knowing how to run a state just like how the president doesn't know how to run the country and no one follows the amendments anyway....sorry off track a little but anyways....no they cannot charge you for more than what you've done. If you can prove the fact that there was no moving violation and the officer tagged you for it maybe that cop shouldn't be a cop and needs to be in his lazy chair at home sitting in front of a freaking t.v. The moving violation charge will be dropped and so will the other one.
- 1 decade ago
Yes they could charge you with the moving violation/ would they most likely not. What they will do is increase the amount of your fine if the judge has any discretion in the matter.
Source(s): law school - 1 decade ago
They can not add any charges that there is no proof of. since he let you off on the other charge there is no possible way they can charge you no matter what!!!!... I am no legal council but I am about 99.9 percent positive. Example I was pulled for speeding ( even tho i wasn't) but I was drunk, Because I was honest with him he just gave me the speeding ticket and didn't worry about the DWI. At a later date there is no proof and If i had proof that I was not speeding I would walk out ticket free.
