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Old 09-09-2019, 10:46 PM
doreen is online now
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Join Date: Dec 1999
Location: Woodhaven,Queens, NY
Posts: 6,601
Quote:
Originally Posted by LTU2 View Post
I understand about voiding a citation once written, but my argument was, if PC existed to issue it, then facts that came into evidence on the scene that abrogated that PC, when the officer files it under the criminal or traffic rules, isn't that perjury and violates DP?
When is the officer perjuring himself? When he wrote the ticket the person was unable to provide proof of insurance. Showing that proof to the officer 7 minutes later , an hour later, a day later doesn't mean the officer was committing perjury when he signed the ticket.



Quote:
If an officer has PC to arrest and does so, then before the trip downtown, PC is voided by evidence, (let's assume arguendo this to be factually true), if the officer stiil makes the full arrest, that violates the 4th AM.
And if evidence comes to the officer's attention after he's taken downtown and awaiting arraignment, the decision is out of the officer's hands. Sure, the officer can tell the prosecutor about the new evidence, just like the ticket-writing officer can tell the prosecutor that the driver eventually produced the insurance card. And maybe the prosecutor will dismiss that ticket before the court date ( I've actually seen that happen many times with summonses for disorderly conduct - in my jurisdiction it's called "declined prosecution"). At some point, whether it's an arrest or a ticket, the decision is out of the officer's hands and in someone else's. In some places, that discretion ends when the ticket is written.