Can an officer write you a ticket for failure to yield and then comeback an hour later and change it to reckless driving

UPDATED: Oct 1, 2022

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Can an officer write you a ticket for failure to yield and then comeback an hour later and change it to reckless driving

My daughter did not see a vehicle and pulled out in front of
it causing a 2 car accident. People were taking to the ER in
an ambulance. Everyone was released same day with no
major injuries. I was there when the officer gave my
daughter a ticket. He said she could go in a couple days
before the court date and just pay the fine. An hour or so
later the officer went to my resident and took the first ticket
and issued a different ticket for reckless driving. This one
she will have to appear. She is a full time student and has a
test the day of court.

Asked on March 15, 2018 under Accident Law, Idaho


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, this is legal and the officer may do it. There is no law stating that all tickets or summonses have to be written at once, or that additional violations cannot be added latter or separately.
She can hire an attorney and have the lawyer appear for her, if she cannot get out of or change her test: depending on this specific court's rules and procedures (each court makes its own rules in this regard), the lawyer may be able to fully resolve the matter without her, or at a minimum, will be able to get an adjournment (a new court date) for her.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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