Saint Paul, MN asked in Criminal Law and Traffic Tickets for Minnesota

Q: if you go to court to fight a citation, can a cop charge you with another citation he didn't originally at the time?

I was pulled over for "failing to yield" the cop gave me a ticket for no drivers license and proof of insurance- i have both just not on me at the time. I asked him if I could go to court and he threatened if i did he would give me a "failed to yield" citation. Can he do that or is it just a threat?

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1 Lawyer Answer

A: You now know that it's not the best idea to let a police officer know at a traffic stop that you plan to challenge a citation in court. Next time. But, yes, the prosecutor can amend the charge (to add another) while the case is pending in court. I would still challenge it in court regardless. Here though, it's important to note that a conviction for no proof if insurance would also trigger at least a 30 day drivers license revocation. If you had a drivers license and insurance that day, bring proof to court to show the prosecutor. With a clean drivers license record, the prosecutor may agree to a result that prevents anything from hitting your drivers license record.

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