Legal Question in Traffic Law in Texas

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?

Asked on 1/11/01, 10:33 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

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.

Good luck.

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Answered on 1/29/01, 9:35 am

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