Can a dismissed speeding ticket be reissued

[jimc_usa]

What is the name of your state? WI

My daughter went to County court 3 times and each time pled not guilty to an 11 over a 55 mph.
The 3rd time the state patrolman didn't show, th assitant DA tried for 30 mins to contact the officer to no avail and the case was dimissed.
She received a letter stating the case had been dismissed.
Today she received a letter from the State patrolman saying the County DA asked him to reissue the ticket!
Is that legal? Isn't it double jepordy or something?

Jim

[compworkr]

Unless WI has some peculiar law, usually jeopardy doesn't attach until later on in a case, like when there's an acquittal or conviction (or in a jury trial, when a jury has been sworn in or when the first witness takes the stand).

DA's often drop charges when there isn't enough evidence to win, and then later re-file charges when there's enough evidence (like a witness's testimony) to get a conviction.

What I'm wondering is why a DA would be involved in a matter about a ticket for going 11 over a 55 mph zone. Did you go with your daughter to Traffic Court? Did you see the citation? Is it possible she was cited for further violations? Or, maybe the DA suspected there was another more serious violation that the patrolman hadn't decided at the scene to cite your daughter for.

[jimc_usa]

WI

Apparently the DA was Po'd because the judge dismissed the case because the State Patrol officer didn't bother to show.
I was not there but he did say to my daughter that the officer used radar and that she was guilty. No other violations.

And unless my daughter said something she has not told me**************

[compworkr]

Double jeopardy doesn't attach to all types of dismissals by judges. For example, was the dismissal with or without prejudice? You may want to check the court file/record to see what it says - if it's silent on that issue, it usually means the dismissal was without prejudice. If it's without prejudice, the DA can re-prosecute (unless WI has some other law that makes jeopardy attach upon the dismissal by the judge in that particular situation [which I doubt]). The dismissal by the judge could very well be without prejudice as it was based on the officer not showing, not on lack of evidence that couldn't be cured later.