Two traffic tickets for the same offense?

Question

Okay, I got pulled over and got a ticket for passing in front of an unmarked cop car in a no-passing zone. The cop of course gave me a ticket for passing in a no-passing zone (and also one for having no license plate, but that's another story), and he gave me one more for careless operation of a motor vehicle. I'm wondering, isn't that kind of redundant? If all I did was pass in a no-passing zone then why did he give me two ticlets? I thought careless operation is what they give you when they don't have a specific name for what you did. It seems to me that I should have got one or the other, not both. Do I have a case?

Answer 1

Two different infractions. Pay the fine and obey the traffic laws.

One was for violating the NO PASSING LAW

The other was for passing in an unsafe passing zone that was already marked NO PASSING.

Thirdly...You did it in front of the Cop.

Answer 2

tell it to the judge and you will find out if you have a case.

maybe the method you used to pass was careless, over and above the fact that that you passed at all.

or maybe you were careless in not noticing an unmarked car in front of you - seriously, white ford crown victoria with lots of weird antennas and spotlights on both front doors near the windshield right? I cna spot it from here!

Answer 3

Yes, that seems unusual, but as long as he uses different elements for both offenses, it is legal and may stand up in court. If he uses the same driving behavior for both offenses, you would have a good argument.

Answer 4

Passing in a no passing zone you have figured out....

Careless operation of a motor vehicle could be as simple as you didn't use a turn signal when you passed him, or you came back over in front of him without enough clearance between the cars, or the conditions were such where your actions we not safe for the weather/road conditions.

Answer 5

I can't believe there is a "trooper" on here who says that's unusual -- what seized property is he smoking?!?!?!?  It's absolutely business as usual for the fuzz, although not rightfully so.  As far as I know, most states have laws referred to as "lesser and included offenses".  This means, you cannot be convicted of two different offenses, one of which is a "lesser and included" of the other (referring to the fact that the elements of both offenses are the same).  However, what you can be "convicted" for, and what you can be "charged" with, are two different things.  Most cops are too stupid, and too arogant, to care about whether their charges will hold up.  Additionally, the "lesser and included" interpretation by the judge can (and will) vary, and may make absolutely NO sense.  Your scenario is a perfect example - you should be able to argue that the elements of both charges are the same.  The judge, however, may not agree.  Your best bet is to beg the prosecutor to be reasonable, and drop the careless charge (or at least the other one).  Good Luck.

P.S.  You may have been charged with both because you also did not have a license plate.  The more you are doing wrong at once, the more likely you are going to get hammered by the cop (which is not always a bad thing, in my humble opinion).