2007-01-24 12:31:01 · 18 answers · asked by clickeroftarter 1 in Politics & Government ➔ Law Enforcement & Police
Many years ago I got tickets for open container and passing on double yellow lines, I went to court and plead not guilty. The judge set up another date for the officer to present evidence to see if we needed a trial and the cop got preoccupied with some other crime that night and couldn't make it so the judge dismissed the charges against me.
2007-01-24 12:40:18 · answer #1 · answered by Kerry R 5 · 3⤊ 0⤋
Kinda depends on the court. In my small town, if I wrote a ticket, I had to appear in court. Traffic court was the second Tuesday of the month. If I did not show, anyone I wrote a citation for that court day and did show up, had their tickets dismissed.
On one occasion I had a DUI/Fleeing the Scene of an Accident/Suspended License/Evading Arrest case in District Court, I did not have to show up for the first hearing. If the driver had plead guilty, he would have been fined or jailed at that time. He plead not guilty, a future court date was assigned. I did not show up (I was in the hospital after being injured in another incident) the ticket was dismissed and the judge charged me with Failure to Appear. The charge was dropped when the judge learned I was hospitalized and that the prosecutor had been notified of that but failed to inform the court. But the citations and charges aginst the offender were dismissed.
2007-01-24 16:36:58 · answer #2 · answered by Anonymous · 0⤊ 0⤋
In my city, it would depend on the reason for the police officer not being there. If the officer is sick, the crown prosecutor will apply for a adjournment to another date. They are almost always granted and a new trial date will be set. If the officer "forgets" about the court date the prosecutor may withdraw the charge. This doesn't happen often around here because the officer will be disciplined and may lose some pay over it.
2007-01-25 01:36:26 · answer #3 · answered by joeanonymous 6 · 0⤊ 0⤋
The proper regulation is the Constitutional correct to a short Trial. See, bill of Rights. His lawyer will recognize all about this. that is between the finest strategies to get a case brushed off completely. even if the case would properly be brushed off relies upon on the jurisdiction. the position did this happen? In lengthy island State, the prosecutor has to declare that he or she is waiting for Trial interior of ninety days if the cost is a misdemeanor like a first cost of DWI. If this does no longer happen immediately the prosecutor is searching at pre trial readiness postpone that receives the case brushed off - no exceptions. Readiness is declared both in open court docket or with a written word served on the Defendant and filed with the court docket. If the police officer isn't there, an open court docket assertion would no longer fly and also you would possibly want to argue adverse to the validity of the written word if there is one. If the readiness become stated, that is basic to argue for dismissal yet such placed up readiness dismissals are harder to go back by technique of. different states merely require the trial to happen interior of a particular era of time. In lengthy island, the prosecutor has the load to coach that trial readiness become declared and that is a strict rule. If it become no longer executed interior of ninety days, the case is brushed off era.
2016-12-03 00:28:44 · answer #4 · answered by saylors 4 · 0⤊ 0⤋
You used to get out of it. Now, most courts will supoena the officer to show up. If he can't make on the scheduled date then the courts will reschedule the date. But occasionally it does happen and the ticket is dismissed.
2007-01-24 15:16:20 · answer #5 · answered by Chris P 2 · 1⤊ 0⤋
Depends on what the ticket was for. If for dui and there is proof before the judge, you in deep dodo. If it was for a minor traffic violation such as running a stop sign, sometimes the judge will get po'd and toss it out. Not because he didn't think you were guilty but because the officer was not alert enough to remember to be there.
2007-01-24 12:39:24 · answer #6 · answered by Anonymous · 0⤊ 1⤋
The case should be dismissed unless the officer is excused by the court.
2007-01-28 08:08:22 · answer #7 · answered by Eddie 4 · 0⤊ 0⤋
Reschedule
2007-01-24 12:37:57 · answer #8 · answered by Anonymous · 0⤊ 1⤋
You skip your happy buns home... you're off the hook.
That is if it's a speeding ticket or somekind of moving violation that you're fighting.
2007-01-24 12:58:02 · answer #9 · answered by L-Boogie 3 · 0⤊ 0⤋
In Texas if the cop doesn't show up you aren't fined anything and are free to go.
2007-01-24 12:41:00 · answer #10 · answered by pamela h 2 · 0⤊ 1⤋