mugs
Lifer
- Apr 29, 2003
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Originally posted by: Vic
Uh... no. I imagine this varies by state, but police have a very limited timeframe to file infractions (like speeding) against drivers, usually 2 weeks. Speeding is not an actual crime, it's a traffic infraction, with entirely different rules. The officer either did witness the infraction and wrote a ticket in a timely fashion, or he did not. He can't come back 2 months later at the hearing and issue a ticket then because he didn't like the outcome of what he actually did choose issue at the scene. Exactly what excuse will the officer have for the judge as to why he didn't issue the ticket at the scene as the law directed him to do?
I imagine it does vary by state, and I don't claim to know everything there is to know about NJ law, I was simply raising a possibility to consider based on what I recall from the scanned letter from his lawyer bmacd posted.
And I don't think judges are oblivious to the fact that officers don't always issue all of the tickets they could in a traffic stop.