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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111468
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Does district attorney have the right to change a traffic

Customer Question

Does district attorney have the right to change a traffic citation 2 years after the citation was issued i was cited for failure to maintain lane on a gravel road and during the traffic stop the searched the vehicle and found some illegal drugs and they cited and released me at the seen and i filled a motion to supress on the ground s that they pulled me over for failure to maintain lane on a gravel road and the day before my suppression. Hearing they have what they call a call hearing to make sure that you still want to proceed with the motion to supress hearing and well the district attorney hands me a piece of paper that said hes changing the reason why i got pulled over 2 years later to failure to stay to the right. Of the road now that way it didnt get thrown out the next day is that legal
Submitted: 2 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid that the DA has the right to decide who to charge and what to charge them with. He still has to prove the elements of the offense beyond a reasonable doubt, but he can legally amend a charge even two years later as this has been an ongoing case.

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