Can traffic charges be withdrawn and replaced?
Question Details: My husband got 2 citations the other week; 1 for lack of inspection and 1 for having inspection stickers that did not belong on our vehicle apparently. After reviewing the citations, we saw that the officer had put down the incorrect driver's license number, birthday and sex. He pled not guilty due to this misinformation. Well we just got stuff in the mail the other day that said "Notice of Withdrawal of Charges". However, they sent copies of the same charges with a new citation number and the correct information this time How are they even allowed to do this? Can we still fight it anyway? I don't understand how they can screw up so badly and then be allowed to file all new papers.
They can file new charges because the old charges were voluntarily withdrawn by them, which means there was no ruling "on the merits" (i.e. on the substance of the charges) in favor of your husband. When charges are voluntarily withdrawn (or dismissed for technicalities, like a wrong license plate number) and you are not actually found "not guilty," the authorities can correct their mistake and re-charge you. Only a finding in your favor on the merits protects you from being re-charged.