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

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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 9 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.


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