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Violation code has changed

Discussion in 'Speeding Tickets, Traffic & Moving Violations' started by brianlt4, Aug 4, 2017.

  1. brianlt4

    brianlt4 Law Topic Starter New Member

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    Jurisdiction:
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    I'm a commercial driver I was stopped by a police officer and given a ticket for a violation code 393.110b2. ( that's the exact way he wrote it on the ticket) I went to court and plead not guilty, then on the summons for my trial the violation code has changed to 393.100B. Can they change the violation especially after I pled not guilty to the other violation code?
     
  2. zddoodah

    zddoodah Well-Known Member

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    I don't know what you mean when you say, "the violation code has changed."

    I also don't know what difference you perceive between 393.110b2 and 393.100B.

    Please elaborate.

    Also, Arizona statutes are in the following form: XX.YYY, where "XX" is the Title number and "YYY" is the section with the the particular Title. For example, the law about flashing traffic signals is ARS 28-647 (i.e., section 647 in Title 28 of the Arizona Revised Statutes). Most traffic laws are found in Title 28, but there is no ARS 28-393, so it sounds like maybe you were cited with violating some local ordinance, so you should clarify that as well.
     
  3. brianlt4

    brianlt4 Law Topic Starter New Member

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    393.110(b)2 is what the officer wrote on the ticket. Today in court I pled not guilty and got the summons with the violation code 393.100(b)
     
  4. brianlt4

    brianlt4 Law Topic Starter New Member

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    Can they change the code? And if the officer put the wrong code to begin with cant it just be dismissed
     
  5. zddoodah

    zddoodah Well-Known Member

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    I'll ask again:

    "I . . . don't know what difference you perceive between 393.110b2 and 393.100B.

    Please elaborate." And please don't simply say that one has a capital B and one has a lowercase b and an extra number at the end.

    Also, again, maybe this is a local ordinance and not a a section of the Arizona Revised Statutes. If you identify the locality in which the ticket was issued, we can look it up and see what it says.
     
  6. brianlt4

    brianlt4 Law Topic Starter New Member

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    These codes are FMCSA d o t codes, 393.110b2 isn't a code at all, 393.110 b is for straps and header board. 393.100b is for shifted load
     
  7. zddoodah

    zddoodah Well-Known Member

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    Ok. The ticket is nothing but a notice of the charges. The charges can always be amended.
     
  8. brianlt4

    brianlt4 Law Topic Starter New Member

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    one was a lesser charge that I pled not guilty to had I known it was a higher severity I would have made the plea agreement
     
  9. mightymoose

    mightymoose Moderator

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    It may not be too late for a plea agreement. You never know. With matters like this they are usually more than happy to get it cleared off the books so you may have some luck. Contact the court and see who you can talk to about it.

    It is actually quite common for a citation to be amended, but when it is you are usually sent a notice.
     
  10. army judge

    army judge Super Moderator

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    Yes, the prosecutor is allowed to petition the court to amend the pleadings.
     

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