I was pulled over on a motorized bicycle, she said my tail light was flashing, i thanked her for letting me know and she said get it fixed and be safe, one month later i get a ticket for driving under suspension, im looking at 3 months jail if guilty, is that legal of the cop to pull me for a light let me go with a warning, and out the blue send me a new charge that wasn't in ?, the day i was pulled over? I havent rode the bike since i was pulled over.
Yes. Why would that not be legal? If you were driving with a suspended license, she can ticket you for that offense. She doesn't have to give it to you right then.
Yes, an officer can charge for multiple offenses, that doesn't mean that you will necessarily be convicted of each one. If you never had a license, then 1543 might not be enforceable (unless you had a dui, in which case there is some legal authority to suggest you can get tagged with 1543b
All information provided in this comment is intended for informational purposes only and does not, by itself, create an attorney client relationship. Without the benefit of a personal consultation to explore all of the facts of your legal problem, the information in this posting may be inaccurate and for that reason it should not be relied upon.
Generally speaking, the officer is permitted to file charges at a later date for alleged crimes she encountered earlier in time.
Depending on the officer's articulated reason for stopping you, whether that reason was sufficient to establish a lawful stop of your "vehicle" that evening, and how your "vehicle" fits within the motor vehicle code, you may be able to make a reasonable suppression argument. However, you will need to review the exact details of your case with an attorney to know for sure. Because you could be looking at considerable jail time, I recommend speaking with an attorney as soon as possible. The earlier you speak with someone, the more likely you will be able to remember details that could later prove important in your case.
This answer is only intended to provide generalized legal information. By answering this question no attorney-client relationship has been established. It is important that you seek individualized legal assistance from an attorney in your local court system.
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