Q: I got a speeding ticket dismissed in traffic court by a Judge, but I was told the police could re submit the ticket.
It would have been my first speeding ticket but it was dismissed by a court because the officer was no show. The offense was going 75 on a 60. However I was told that the police department could resubmit this ticket and I would have to return to court even though the judge already dismissed it. How is this not double jeopardy and if they do re-submit it should I get a lawyer?
A:
That rarely happens. If it does though, it is certainly an advantage to have a lawyer's help. I encourage everyone to fight every traffic ticket, with or without a lawyer.
Double jeopardy prohibits a person being twice placed in jeopardy of conviction for the same alleged offense. The courts say "jeopardy attaches" normally when the jury is sworn. In a petty misdemeanor case, there is no jury. I have not researched it but I would research whether "jeopardy attaches" in a court trial (non-jury trial) when the case is called on the scheduled trial date. If so, you win.
I would also argue not only the law but the equities of the consequences of a no show. If the driver is a no show, in a criminal case an arrest warrant results; in a petty misdemeanor a conviction by default results. But if the prosecution shows up on the duly scheduled trial date with no witness, no evidence, should the be no consequence to them for that failure to prosecute? That is so unfair as to amount to a violation of due process.
If the prosecution is resumed after dismissal, I would make a motion to dismiss on these and perhaps other grounds immediately, before and at the the first court appearance.
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