Legal Question in Traffic Law in New York

Hi

I got a Traffic ticked dismissed in NY because officer failed to mail a supporting deposition before trial but the judge said the officer can mail you a new ticket and I got a new ticket by mail for the same offense is that not violating the 5th. of double jeopardy law?


Asked on 8/18/09, 8:58 pm

1 Answer from Attorneys

Joel Salinger Law Office of Joel R. Salinger

No, since the officer filed a new charge within the statutory time limit. You should have requested that the charge be dismissed with prejudice so that the charge could not be refiled.

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Answered on 8/24/09, 6:29 pm


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