changing the traffic charge on date of trial? colorado

[Venitz]

State: Colorado

I received a ticket a few months ago with the charge of "turning from wrong lane". I pled not guilty, and had my final hearing this morning. There was the magistrate there today instead of a judge, and she was asking people if they consented to being heard by a magistrate. I read somewhere before that this in itself is grounds for dismissal, so when they city attourney called to speak to me, I asked her, and she said that she would object to that, or even to reschedule to go infront of a judge since the officer is here. Then she was speaking to the officer about the incident, and called me back up. she said that after discusiing the case, they decided that a more appropriate charge would be 'failure to use a turn signal' (which was stated in the officers report). She asked if i wanted the plea bargain for this lesser (2 pts instead of 3 pts) charge. Also, this time she said If i choose to continue it, that would be fine. Anyways, when the magistrate called me up, the city attorney moved to change the charge to the turn signal. the magistrate asked if i wanted to be heard on this issue today or reschedule so to have time to prepare for the case. i got totally confused and thrown off, as i was not prepared to question this charge. so we rescheduled the final hearing. now im thinking i shouldve just gone ahead.. but what confuses me is.. can they just change the charge like that at the hearing? doesnt that mean the officer cited me wrong? i just have a feeling there should be somewhere in these some grounds for dismissal. any feedback would be much appreciated. Thanks.

 

[racer72]

It's called a plea bargain and happens all the time. It is not grounds for dismissal.

 

[Venitz]

I understand what a plea bargain is. However, I was ready to question the officer in regards to the lane charge (the original charge), and then the city attorney motioned to change the charge to the failure to signal turn. I guess I should have objected at that point now that I think about it.. but at the time, I didnt think that could just happen like that. it wasnt a favor to me to change the charge.. obviously if they motioned to change it, it was for his case, not mine.

 

[fairisfair]

I understand what a plea bargain is. However, I was ready to question the officer in regards to the lane charge (the original charge), and then the city attorney motioned to change the charge to the failure to signal turn. I guess I should have objected at that point now that I think about it.. but at the time, I didnt think that could just happen like that. it wasnt a favor to me to change the charge.. obviously if they motioned to change it, it was for his case, not mine.

apparently you don't understand what it is. You agreed to the change of charges, hence the plea agreement, if you had not, the case would have been continued with the original charge in place.