QUESTION

Identity court for my final hearing on 2traffic tickets the clerk called me in and said we are dismissing your case. Gave me a paper saying dismissed

Asked on Dec 10th, 2019 on Traffic Violations - Colorado
More details to this question:
I got a paper saying dismissed all charges and no fines.then the courts sent me a letter days later saying they changed there mind and the copnwas on vacation so we starting over.is this legal
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Criminal Defense Attorney serving Boulder, CO at Miller & Harrison, LLC
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Since it is a traffic infraction and not a criminal offense (traffic infractions are considered civil offenses), then iot is harder to win your argument BUT, I do not see a down side to making the argument - probably prior to the next hearing.  Why did they not know cop was on vacation before they dismissed it and 'continue' the hearing instead of dismissing the case? The Rules for Traffic Infractions state at Rule 10 (a) that the charges shall be dismissed if the officer fails to appear at the final hearing - it does NOT allow for there to be a valid reason the officer did not appear. This should be a winning argument BUT you might need a lawyer to make it properly. Also, the finla hearing must be held within 6 months of when you asked for the final hearing.
Answered on Dec 12th, 2019 at 1:41 PM

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