Issuance of a citation
Is there a chance of getting a citation dismissed, if an officer pulls you over for speeding; but never issues a speeding ticket instead he issues a citation for a non moving traffic citation?
1 Answer from Attorneys
Re: Issuance of a citation
If there was a valid traffic stop in the first instance, it is not a legal defense that a citation was issued for a different offense and not for the offense for which the stop was made.
The officer has discretion to issue or not issue a citation under the circumstances as he judges them.
Look at it this way: You dodged the moving violation and you could have had 2 citations to defend against instead of just one. You are ahead by one citation.
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