Durango, CO asked in DUI / DWI for Colorado

Q: I have a ticket for DUI. I showed up to court date, but officer didn't file the ticket. What are my options?

I was pulled over for a broke tail light. The officer did the road side and I tested at the station for a relatively low BAC. I showed up to my court date scheduled on the ticket and the officer hadn't filled it. Is there a certain period of time in which it is dismissed? The clerk said "I could be issued another ticket." Via certified mail, but how long do they have to do so?

Related Topics:
1 Lawyer Answer

A: This is something that you may need to contact a criminal defense lawyer because this is a technical legal issue. There may be case law on this matter and facts of your situation which may change the general rules listed below (which is beyond the scope of Justia's Q&A--hence the potential need to hire an attorney).

This is the issue. For traffic tickets (minor violations) the cut-off should be 1 year to file a ticket (the same rules as a misdemeanor). If the ticket was for a DUI, which is a misdemeanor with potential jail time, you have constitutional protections (e.g. speedy trial rights), so the answer gets more complicated. Arguably, the police have 1 year to charge you with the DUI (which appears to have occurred), but the speedy trial requirements usually cut-off with a 6 months from the date of a "not guilty" plea (note: exceptions may apply).

At this point, you have to wait to see what happens. If you want a better understanding of your rights you will need to contact a criminal defense lawyer.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.