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  • Issuing a ticket based from a warning..

    If I remember right in Iowa an officer could issue a ticket/citiation to a driver based off a warning (written, verbal or both?) for up to one year from the orginal date of the warning.

    Is that pretty much true for other states and locations?

    If so, what would cause you to change from a warning to ticket? I can presume if you gave a warning for someone speeding and they get cited for speeding a week later you would (or if you stop them for the same thing).

    Can you base your change from a warning to citation based from other infomation you receive from other officers or only if the officer that originally issued the warning stops the driver for the same offense?

    Thanks.

  • #2
    I've written citations after giving someone a written warning, but the warning was for expired inspection, registration, broken lights, etc.

    The warning gives them "x" amount of days to clear up the problem which caused or resulted from the traffic stop. I usually give a few more days grace after the deadline, but after that............

    I write a citation for the violation and in the notes section I put; "failed to comply with written warning".

    The magistrate takes a very dim view of people who failed to heed the warning.

    I never knew anyone that was written for speeding after being given a warning as you described.
    Steve

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    • #3
      Stopping someone for a violation, warning them then, releasing them then ...
      ... and then deciding to change that to a cite and writing it at some latertime is just pure "chicken - doodoo" in my opinion, and I'ld be shocked if any department policy allowed such.

      I'm not talking about cases where you later write a cite after seeing them on the road again after having warned them ... and seeing that the violation was not fixed. I take the original poster to mean just changing one's mind up to a year later, wheather seen on the road again or not.
      Last edited by t150vsuptpr; 11-14-2008, 09:49 PM.
      "That's right man, we've got mills here that'll blow that heap of your's right off the road."

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      • #4
        Well I remember once another officer pulled over a guy who came speeding out of a parking garage, without stopping, went the wrong way down the road, with his radio blasting music. She stops him, was in a good mood, and only wrote him for his music. She gave him written warnings for the other violations. The asshat appealed the ticket, saying his music wasn't that loud. Officer told the judge everything that led up to the incident. The judge actually dismissed the ticket music-too-loud ticket, but told the officer to cite the kid for the other 3 violations. She left court and went to her car, got her ticket book, and wrote him for the violations (this is about 5 weeks after the actual violation).

        Not sure how that would have flown if not for the fact the judge said "do it," but it shows at least that at least in theory it can be done.
        Sheriff: We just take turns being the sheriff. It's real easy. You just hang out here, eat some pie, and get drunk.
        Peter Griffin: Wait. Hold on a second. "Pie," "drunk," "the?" You got yourself a sheriff!

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        • #5
          In KS, you have up to two years to go back and write for whatever discretion. Has anyone ever done it? No idea. I will not unless it really warrants the need. (I cannot think of anything off hand) Theory, yes it can be done. Reality, probably not.
          The truth to mirrors is they tell no lies, you see yourself through your own eyes.

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          • #6
            I agree with t150vsuptpr...warning them and then letting them go...just to change your mind at a later time is crap and a poor move.

            I am going off a scenario where Officer stops a car for doing 50 in a 25 and writes them a warning...then later decides "Hey, that was pretty dangerous...he should get a ticket" and then writes one. If thats the case, thats a bad move and unproffessional in my opinion.

            I have, however, changed my mind during the traffic stop. Back when I was in the academy, I was trained to know what I was going to write before even approaching the driver. I stopped a guy knowing that I was going to write him a warning if everything checked out. The violation was 15 over.

            I returned to his vehicle and was explaining his warning when he decided that my stop was invalid and was only because he was black. And the reason for the warning was because I was a racist just covering my butt. Well, I listened to what he had to stay....After calling me every name in the book, I took the warning back to my car and wrote him the citation....telling him he could make his argument in court and not on the side of the road.

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            • #7
              Originally posted by GatorPD View Post
              Well I remember once another officer pulled over a guy who came speeding out of a parking garage, without stopping, went the wrong way down the road, with his radio blasting music. She stops him, was in a good mood, and only wrote him for his music. She gave him written warnings for the other violations. The asshat appealed the ticket, saying his music wasn't that loud. Officer told the judge everything that led up to the incident. The judge actually dismissed the ticket music-too-loud ticket, but told the officer to cite the kid for the other 3 violations. She left court and went to her car, got her ticket book, and wrote him for the violations (this is about 5 weeks after the actual violation).

              Not sure how that would have flown if not for the fact the judge said "do it," but it shows at least that at least in theory it can be done.
              As LEO's we are just reporting the facts and giving them to the court in a format for which it can adjudicated. The fact that cops can use discretion just helps keep the system moving and a warning doesn't mean they can get off scott free. A crime was still committed, there was a witness, and a judge can pass judgment if the evidence meets the burden of proof.

              However a cop going back to change a warning to cite has some issue of impropriety and its probably best it be left to prosecutors and judges.

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              • #8
                We also have up to a year to cite for a traffice vio and up to 3 years on felonies. I've given warnings and changed them to actual violations but it was on the spot. If I give you a warning ticket and you start bitching about it or arguing, i'll ask for the warning back and write the citation out. I have given a verbal warning for speeding and then wrote a seatbelt ticket to a guy. The guy called and complained that we were rude so I waiting till he came to pay the sb ticket and issued a citation for the speeding. Dickish move? Yeah but oh well.

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                • #9
                  +1 on the prosecutors call or judges call for that matter....
                  Been there done that... warning with pinch, and then pinched for the warning later cause they were taking it to trial.... done that with criminal offenses... arrest for Disorderly PI,could have charged with Criminal Damaging or something... when it goes to trail stack up the others cause we gave him a break to begin with...

                  Kinda similar on how the Prosecutor can also dismiss some charges for a plea.... works both ways sometimes.
                  "Do not be overcome by evil, but overcome evil with good" Romans 12:21

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                  • #10
                    Taylor1430

                    I took the warning back to my car and wrote him the citation....telling him he could make his argument in court and not on the side of the road.
                    Well.........Did he take it to court?
                    "I think it takes a particular coward to criticize procedures that you don't understand; particularly when they apply to places that you don't have the bravery to go" - Battalion Chief John Sullivan, FDNY

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