I heard from a friend in NY that if you plead not guilty to speeding at your summons and the officer who pulled you over is not there, then they immediately dismiss all charges. Is this true? I live in NJ, however, I don't know if that makes any difference.
Would I be better off just talking with the attorney and working out a plea deal? If I plead not guilty, can they convict me somehow with only the officer's report as their evidence?
2007-05-02 11:18:31 · 10 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Paying the fine would be a lot cheaper than going to court. Sometimes the judge will issue a continuance if the cop doesn't show. You can contest that and he might drop the charges. Why are you going to court over it? Even if you are innocent think of all the times you did speed and were not caught.
2007-05-02 11:23:06 · answer #1 · answered by lcmcpa 7 · 4⤊ 0⤋
lets make this short and sweet - you go to court the cop is not here - dismissed. end of sermon.
now here is the but part - cops are falling over each other to spend a day in court (it beats working), so unless the guy is scheduled to have the day off chances are he Will be there. so you are taking a gamble. it does happen but not frequently.
as to your question about working a plea deal - there is no such a thing, this is merely traffic court and you are facing a fine, so no TV series glory applies here.
the report will not suffice it needs to be corroborated by the cop - so in summon, if he is not there you are home free.
2007-05-02 14:02:01 · answer #2 · answered by jandrkeller 4 · 0⤊ 0⤋
Depends on several factors. One, who made the stop....if it was a Jersey Trooper, he/she will show. Never saw one that didn't. If you are facing a mandatory court date (it sounds as if you are), you would be best to have representation if you have a poor driving record. If this is first time violation, plead guilty, ask for clemency, suggest that you would be willing to take a safe driving class if the charges are reduced or dropped. It has worked for dozens of people. Honesty is a good policy.
Good Luck!!
2007-05-02 11:52:44 · answer #3 · answered by Angels_Six 2 · 0⤊ 0⤋
When you go to your arraignment or to the clerks window, you will plead guilty or not guilty. If you plead not guilty you will be given a trial date.
If you do not appear at your trial date a judgement will be entered against you, regardless if the officer is present or not. If you are present for your trial date and the officer is not present, the charge will be dismissed. There are no exceptions.
2007-05-02 11:27:46 · answer #4 · answered by gross d 3 · 0⤊ 0⤋
When you go to a court date on a speeding ticket, it's just like any other court date. The officer is there to prove that you were speeding via radar gun or whatever. If he/she doesn't show, then they have no proof, therefore the case is dismissed. You should always try and fight a speeding ticket.
2007-05-02 11:26:47 · answer #5 · answered by Anonymous · 0⤊ 0⤋
In North Carolina, they will often dismiss, but just as often continue the case.
An attorney can't hurt, they usually cost less than the inevitable increase in your insurance rates and are effective.
They cannot convict you on the officer's report. It is inadmissible as hearsay.
2007-05-02 11:23:16 · answer #6 · answered by Gregory H 2 · 0⤊ 0⤋
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2016-10-04 07:00:38 · answer #7 · answered by schenecker 4 · 0⤊ 0⤋
most times the officer is not in court. if they had every officer who wrote a ticket in court there wouldn't be any on the streets during the day.If you plead not guilty, they will schedule another court date...actually you will have many more court dates. and the officer will be there for them.
2007-05-02 12:29:47 · answer #8 · answered by Molly 6 · 0⤊ 0⤋
Automatically? No. There are cases that it may happen. But a lot of times it will just be rescheduled, especially if there is a good reason for the officer not being there.
2007-05-02 11:22:08 · answer #9 · answered by Kenneth C 6 · 0⤊ 0⤋
It is usually up to the individual judge
2007-05-02 11:27:41 · answer #10 · answered by down south 4 · 0⤊ 0⤋