i was pulled over for rolling through a stop sign. there was also a flashing red light above it. i was ticketed for the stop sign AND the flashing red light.
but isn't it the exact same thing? doesn't flashing red mean stop? and if it's in the same place at the same time?
yes, i know i should've been more careful. but it was 4:30 in the morning! i think the cop didn't have anything better to do.
what do you think?
2007-12-14 12:38:11 · 7 answers · asked by souci 1 in Politics & Government ➔ Law Enforcement & Police
No, it's not the same thing. It's the same transaction, but two different laws were broken. Double jeopardy has nothing to do with the number of crimes you are arrested for. It's about trials, aquittals and attempts to retry. Once jeopardy attaches at trial, you cant be retried if you are aquitted. People are very often charged with several crimes based upon the same facts because those facts meet the elements of the crime. For instance, someone can kill someone in a bar fight. It could be murder. It could be manslaughter depending on the situation. Many prosecutors will bring both charges and get a conviction on the one they can prove.
Now, if they charged the guy with murder and he was acquitted, THEN tried to bring a manslaughter charge, THAT would be double jeopardy.
2007-12-14 18:58:18 · answer #1 · answered by Toodeemo 7 · 0⤊ 0⤋
Double jeopardy is being tried for the same thing again, after being found not guilty. That would not apply at this time.
The flashing red light has the same legal requirement as the stop sign... Stop, and proceed when clear. Multiple tickets are normally written when the elements of the offense are different. I do not understand why you were ticketed for both.
2007-12-14 20:41:52 · answer #2 · answered by trooper3316 7 · 3⤊ 1⤋
It seems you've only done one thing wrong. Something definitely worth challenging.
Write a letter to the authorities asking what you would have had to do in that situation to have broken one law and not the other.
If they have no answer then it definitely means they are placing you in jeopardy twice.
2007-12-16 22:46:58 · answer #3 · answered by Edward Carson 3 · 0⤊ 0⤋
Hmmmmm, I agree with you and 'trooper3'. I can't understand a good reason for being ticketed for both (trooper3) and you may be right about the officer having nothing better to do at 4:30am.
I would definately QUESTION it!
Police officers can make mistakes too!
2007-12-14 20:48:49 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Nope. You broke two laws at the same time. Someone who is speeding while running a stop sign is guilty of both crimes,even though they occur at the same time.
The officer might not have had anything better to do, but that doesn't erase your obligation to obey the law.
2007-12-14 20:46:31 · answer #5 · answered by DOOM 7 · 0⤊ 1⤋
Not a whole lot going on at 0-dark-thirty. That doesn't mean you can violate traffic laws and expect courtesy.
As for the double cite....doesn't make sense to me either. Were you cited under two separate code sections?
2007-12-14 20:55:35 · answer #6 · answered by LEO53 6 · 1⤊ 0⤋
I agree with trooper3. So did you flip your lip? Maybe the cop hadn't met his quota and he was about to go back to the barn?
2007-12-14 21:12:41 · answer #7 · answered by Anonymous · 0⤊ 0⤋