Legal Question in Traffic Law in Colorado

I got a ticket a month ago for a traffic violation. When I went to court, the officer wasted my time because she never filed the paperwork. So when I was having the ticket dismissed or whatever you call it in the clerks office, the county clerk told me that the officer can reissue the ticket within a year. Is this even legal? I have the document that said it was dismissed? Would this be considered a double trial for the same crime? It just seems like a violation of my rights and liberties.

Asked on 7/09/14, 9:31 pm

1 Answer from Attorneys

Damon Cassens Waters, Kubik, and Cassens

Yes, it is legal.

Double jeopardy is the phrase you're looking for, and no, it is not double jeopardy. Jeopardy does not attache (start) until there has been a trial.

That being said, the odds of the officer reissuing the ticket in circumstances like these are practically zero.

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Answered on 7/10/14, 6:46 am

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