Traffic
Can police officer amend a traffic ticket in Floirda before an infraction hearing?
Attorney answers (9)
Jason M. Melton
Reputation Level 11
Answered over 3 years ago.
Personal Injury Lawyer in Brooksville, FL.
Yes, but only prior to the commencement of the hearing. That is defined as the time witnesses are sworn in.
2 people marked this answer as good
John Michael Phillips
Reputation Level 8
Answered almost 4 years ago.
Personal Injury Lawyer in Jacksonville, FL.
It depends on the amendment, but possibly. I'd need more details.
I assume from your question that the officer wrote out the ticket at or near the time of the event and then either added an additional alleged violation or struck the initial charge and wrote in an alternate charge. While I believe he can do this it certainly calls into question why he would do such a thing. His credibility is at issue as he will be testifying under oath. He may claim clerical error, he may claim that he forgot to write down the additional charge. His ability to recall and accurately testify to what actually occurred is certainly relevant and he should be questioned along those lines.
However, if he issues you a ticket and you pay the ticket off without contesting it after that point it would be too late for him to change the charges, he is precluded by law.
In my state, the answer would be yes.
In most parts of the state the answer is yes.
yes an officer can amend the traffic citation prior to a hearing. however, i don't believe an officer would be permitted to amend the citation after he has been sworn in to give testimony, and then gives such testimony. I recently watched an officer amend a citation for violation of a traffic control device (approximately $125 fine) to a speeding ticket ($186.50) because the individual demanded a hearing. I believe had he attempted to do this post oath, he would have been denied.
Mohammad Ahmed Faruqui
Reputation Level 10
Answered almost 4 years ago.
Aviation Lawyer in Fort Lauderdale, FL.
It depends on the nature of the amendment. Sometimes an officer might write the correct charge and cite the wrong statute, or write the wrong charge while citing the correct intended statute. Amendments to fix such clerical errors are very common because officers will either make careless mistakes that they later discover or not remember the correct statute number. These types of amendments are permissible at any time before the police officer is sworn in at the hearing. However, if this was a Traffic Criminal ticket instead of a Traffic Infraction ticket, then the Assistant State Attorney (prosecutor) can amend the ticket at any time before the Court pleads out the case. The prosecutor must amend the ticket on the record.
In Florida the Officer can amend the ticket up until the hearing begins. le 6.455 states that the charging document i.e. the ticket may be amended at any time before the hearing, subject to the approval of the official.
In most parts of the state the answer is yes
Find Speeding Ticket Lawyers
|