It is a residential parking ticket. I haven't got a pass yet and you get 3 hours at a time move it. I had moved my car within plenty of time over an hour, in fact. If the officer is not present can I seek dismissal on those grounds alone? The ticket was illegally issued anyways but the easier way the better way.
2007-04-02 10:28:06 · 10 answers · asked by pastorejon 1 in Politics & Government ➔ Law Enforcement & Police
fight it! and, yes the 'issuing' officer has to be there!
2007-04-02 11:06:44 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I really don't know where some of the people that answer questions here get their info from. The key word is RESIDENTIAL PARKING TICKET. If you were in a parking lot and needed to have a pass to park there the complainant will need to come to court. If it's private property, the property's manager, owner or designated person is the one who called the Police. Parking ticket's in New Jersey are taken by face value. Most judges will not require a police officer to appear on a parking ticket. The judge will let you plead your case and if it sounds reasonable he will dismiss the ticket.
2007-04-02 12:05:46 · answer #2 · answered by bcre8iv 3 · 0⤊ 0⤋
Many times if the officer does not show up the ticket is dismissed. The problem will be if the officer doesn show up, you have to prove that the ticket was issued illegally and that you did nothing wrong. You can't just say it! Good luck.
My husband got a ticket in Virginia, about 6 hours away from home, and he drove down to fight it and won. He explained his case and the judge was fine, and the officer was there.
2007-04-02 10:33:21 · answer #3 · answered by violamom74 5 · 0⤊ 0⤋
Police Officer must be in court if you pleaad not guilt===you can then have a trial and you can act as your own lawyer==you can put the officer on the stand and question him---if officer does not show up judge can postpone the case and send notice to the officer that he must show in ocurt==according to where this ticket ws issued and the policies they follow there--judge can also dismiss charges if officer does not show== but i have heard of cases that the judge will find you guilty anyway officer or no oficer--as i said according to where summons was issued--so good luck
2007-04-02 10:54:42 · answer #4 · answered by willtdn 2 · 0⤊ 0⤋
In most cases yes if the officer that wrote the ticket doesnt show up its your word against his and he is not there to defend his write up on the ticket. Some officers make it a point to go to all there court dates but alot of them just think by default you will pay. If you ever get a ticket never admit fault and pay it always take it to court and fight it if the judge says pay it then you pay.
2007-04-02 10:33:56 · answer #5 · answered by Anonymous · 0⤊ 0⤋
No. I got a parking ticket once. I challanged it. The officer did not show up at the hearing. I asked that the charge be dismissed as the info on the ticket did not match my vehicle. It was dismissed.
2007-04-02 10:42:39 · answer #6 · answered by regerugged 7 · 0⤊ 0⤋
If the complainant is not present in court you can ask the judge to dismiss the case for lack of prosecution. The judge might do this anyway if the other party is not there when the case is called.
2007-04-02 10:32:32 · answer #7 · answered by Anonymous · 0⤊ 0⤋
As far as I know the officer has to be there to defend his actions in giving you the ticket.
Go fight it.
Normally, I would say if you know you done wrong, then pay up.
But in a case where you done right, and the officer done wrong...then that's what court is for!
2007-04-02 10:31:49 · answer #8 · answered by powhound 7 · 0⤊ 0⤋
if you are right ..means you are right.but see what is practically feasible for you.
as fa r as i know, the issuing officer has to be present in the court.if he /she does not show up on the day of trial, the judge might make a decision in your favour.
2007-04-02 10:34:15 · answer #9 · answered by satpalpunjabi 2 · 0⤊ 0⤋
The deal is that if the cop shows up, you have to fight against him. If he/she is a no-show, you're off the hook.
2007-04-02 10:36:20 · answer #10 · answered by Anonymous · 0⤊ 0⤋