Can you be issued a second citation for the same incident after the first was dismissed in court?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can you be issued a second citation for the same incident after the first was dismissed in court?

My dog accidentally got loose and ran into another dog before we could catch him. The other dog got a broken jaw from the fault of its owner slamming it on her car but now claiming that it isn’t her fault. I got a citation in the mail for failure to contain a vicious animal. I went to court and the judge dismissed the case. A few days after court I got another citation for the same incident for noncompliance. The officer filed it the first time by its description and now has apparently put it right on paper for the second time. So, its the same citation just right on paper now.I s that legal?

Asked on February 3, 2012 under Estate Planning, Indiana

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You need to contest this because if it was dismissed based on the same charge, you should have this one dismissed, as well. Review (by getting a copy) of the court transcript from the first round and see if you can attach this to the response when you go to court and show this should be dismissed. Ultimately, and work case scenario, if this is a strict liability crime in that you should have had the dog on a leash and in control, and it didn't happen, then you may very well be responsible but you need to first contest it as based on the first dismissal and then if not dismissed, discuss the scene and what occurred with the owner's intervening negligence by slamming into the car.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption