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Category: Criminal Law
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An officer issued me a citation for leaving scene and not reporting

Customer Question

An officer issued me a citation for leaving scene and not reporting crash with another vehicle. It's not what happened I crashed my truck into a tree, no other vehicles. He called me and told me he charged me with the wrong statute and wanted me to come in and get a new one. I didn't I went to my court date and they didn't have my paper work, niether did the the DA's office. What should I do, how long does this guy have to charge me with the correct statute? Can he just tear up my old citation and give me a new one?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  cfortunato replied 7 years ago.
Hi andream,
The officer has 72 hours (3 days) to issue a correct summons.
If the DA cannot find the paperwork, the case has to be dismissed.
If the DA does find the paperwork, the case should also be dismissed, because you are clearly not quilty of the violation you were charged with.
cfortunato and other Criminal Law Specialists are ready to help you
Customer: replied 7 years ago.
Where could I look, i e website to find that in a statute? What should I say to this officer when he calls or catches up with me?
Expert:  cfortunato replied 7 years ago.
Thank you for accepting my answer!
I gave you the wrong information. Once a ticket is written, it is not possible to issue a new or corrected one.
If you still need the statute for this, let me know, and I will find it, but it will take some time (by tomorrow).