QUESTION
Does an officer have to write a ticket if a person is pulled over for speeding but additional charges are filed?
Asked on Dec 07th, 2012 on Criminal Law - Georgia
More details to this question:
A person was pulled over for speeding. Once the officer pulled him over he found drugs and other things in the car. The probable cause for him being pulled over, but a speeding ticket was never written or in his file. Since the ticket was not written can the other charges be dropped.
9 ANSWERS
It's up to the police officer as to whether or not he or she issues a speeding ticket. If he does not issue a speeding ticket, that does not affect the other charges, and is not a reason for them to be dropped.
Answered on Dec 09th, 2012 at 10:32 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Not required. Get a good attorney.
Answered on Dec 09th, 2012 at 9:03 PM
John J. Carney
You lawyer can request a suppression hearing, and if the officer had probable cause, consent, or saw the drugs in "plain view" it will he held to be a legal search. A speeding ticket does not give the officer probable cause unless he smells or sees the pot, or you give him consent to search.
Answered on Dec 09th, 2012 at 8:20 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Where were the drug located? Did the officer ask permission to search the car and was permission granted? I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Dec 07th, 2012 at 10:23 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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No the officer does not have to issue a ticket on the reason for the stop.
Answered on Dec 07th, 2012 at 10:20 PM
Michael J. Breczinski
No they do not have to write all the charges against you and they do not have to write a ticket for speeding. They probably thought you were in enough trouble already.
Answered on Dec 07th, 2012 at 10:20 PM
Criminal Defense Attorney serving Fullerton, CA
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The Law Offices of John W. Bussman
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I wish it worked that way. It is common for an officer to pull over a suspect for some minor traffic crime (speeding, failure to signal, etc.). After the suspect has been pulled over, an officer might discover a more serious crime (DUI, drug possession, etc.). If the suspect is arrested for the more serious crime, he will usually NOT be charged with the minor crime that caused the PC for the initial traffic stop.
Answered on Dec 07th, 2012 at 10:20 PM
Stop dreaming. No the speeding does not have to be written on the ticket. They've got a bigger fish to fry!
Answered on Dec 07th, 2012 at 10:19 PM
3 Awards
No this is not a reason to drop the criminal matters that the officer believe was warranted in his/her investigation after the initial contact due to the speeding ticket. The infraction is the reason for the stop and contact and then if the officer can establish probable cause to continue with a crime investigation then anything else that is found within those guidelines are good to be charged. The argue on these type of cases is, "was the officer justified in changing his scope of the contact from speeding ticket to criminal investigation"? Talk to you attorney. If you don't have one get one.
Answered on Dec 07th, 2012 at 10:18 PM