Is a traffic violation valid if the officer failed to follow proper procedure?

UPDATED: Sep 30, 2022

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Is a traffic violation valid if the officer failed to follow proper procedure?

I was stopped for a traffic violation. The officer had me sign the ticket, said I
was free to go and failed to provide me with my copy. The cop drove away for 100
yards before he stops his car, runs over to me and hands me the copy of the
ticket. I asked if this was proper procedure for a traffic stop and he said no
and said I could file a complaint if I wanted. Should I pay the ticket?

Asked on May 9, 2017 under General Practice, Colorado


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

A procedural violation such as this is akin to nothing more than an adminstrative error, just like misspelling a person's name on a ticket. This would not be a sufficient enough casue to dismiss the ticket. Bottom line, you can take the time and trouble to file a complaint but paying the ticket is probably the most expedient thing to do here.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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