does anyone have any advice on fighting a speeding ticket?

Question

I've heard that if the cop doesnt show up for court that the ticket can be dropped. Is this true?

Answer 1

Police Officers have assigned court dates, and times. The only time an Officer doesn't appear, is when he is excused. If an Officer is not in court, it will be up to the Judge as to whether or not the case will be heard, continued, or resolved.

Answer 2

Yep. In fact, the cop that wrote me a ticket was called to another case just before mine, and for some reason he disappeared from the court room, maybe to fill out paperwork on that case, have no idea. I stood before the judge, the officer didn't show when his name was called and my ticket was dismissed.

However, if he calls in sick, probably you will be rescheduled. In some communities, the officer doesn't have to show to court at all, and it is up to the judge. Often, no matter what, the judge will rule (depending on your driving record) that you will not get points on your record, will knock down the charge, and you will have to pay the court fees. I suggest going to court, just to get those points erased from your record, and take it easy on the gas pedal from now on.

If you were speeding, be honest and tell the judge why you were. Chances are good he will knock down the charge, based on your driving record, depending on the judge. I live in MI, guess it depends on where you live.

Answer 3

Yes, it CAN be dropped, but you do have to plead "not guilty" when you first show up in traffic court.

When you contest a ticket, in California, you make an appointment for a court appearance. You, and several others will show up at the scheduled time. The officer does NOT have to appear, at this time.

One at a time, you will face the judge and make your plea. If you plead "not guilty," the judge will instruct you to see the baliff and schedule your actual trial date. The judge will NOT listen to anything else you have to say.

If you plead "guilty" you will be allowed to explain any extenuating circumstances, such as, if you speedometer was not working, for example. In this specific case, if you bring in some documentation from a repair shop, showing the speedometer has been fixed, the judge will usually dismiss the charge and you are on your way. You may offer up any reasons you thing the judge may consider, to, either, reduce the fine, or dismiss the ticket. It is, of course, up to the judge. The thing you have to remember is, that you will have pled guilty, and that means that you will have admitted that you DID drive over the speed limit. You can offer yourself to be at the mercy of the court, which is a form of apology for doing it. Again, the judge may accept your apology and dismiss the fine, although the offence may still appear on the record.

The only way the judge, at this hearing, will listen to anything other than your plea, is for you to plead "guilty."

If you plead not guilty, you will be scheduled for a trial. At this trial, if the officer does not appear, the judge may dismiss the fine AND the citation. If the officer DOES appear, it is, usually, a case of your word against that of a sworn police officer.

Here is the problem, about hoping the officer does not appear. If, at the time the speeding ticket was issued, you were belligerant, argumentative, threatening, (to take him to court) or did anything to call further attention to yourself, then, you can bet the officer will take plenty of notes about the incident and, when he DOES appear, will have a VERY detailed memory and account of you and the incident. Judges LIKE an officer with a clear memory for details. It makes the officer seem more credible. (his word against yours) An offender that draws that kind of negative attention to himself is one that the officer is more likely to WANT to go to court against.

Answer 4

True. Without the police officer showing up, the ticket is hearsay evidence and gets tossed.
But, just remember, if the police want the ticket to stick bad enough, he'll show up.
Most police depts schedule as many ticket hearings on the same day so the officer can appear at as many hearings as possible.

Answer 5

Cop don't have to be there unless you plead not guilty. If you enter a not guilty plea then you will likely be continued until he is there.
In any case go to a Traffic Law attorney and have him get the charge changed to a non-moving violation.
Never go to court without a lawyer to represent you. It will save you money in the long run with the cost of insurance - possibly a second ticket later (second offenses will cost you more)

Answer 6

Yes, because in the US you have the right to face your accuser and to question them and to present evidence. If the officer does not show up you can ask for and will be automatically granted a dismissal.

But, 99.9 % of the time the officer does show up. And if your just going to take the ticket to court to chance it, you are not going to be happy with the outcome. If he shows, you will get the full fine, points AND an added court cost that is on average $40 more!

So, my advice is that if you know you are in violation, either go to defensive driving school and get the points removed or just pay it and move on.

Answer 7

That's true, but don't count on it. I've fought a few tickets and always end up looking like a jacka** in the end. If you did it , just pay it.

Answer 8

Nearly every lawyer can get it reduced to a non-moving violation (no points). You'll most likely get fined the same amt. plus the lawyers fee ($100 +/- and worth every penny)

Answer 9

i have had several tkts over a 30 yr period and the cops always showed up.

Answer 10

You can also say that the cop didn't know how to use the radar detector correctly (checking when he was last trained on it, or even if he/she was trained at all).

You can say that the radar detector was obviously not working correctly (challenging the last time it was calibrated) as you were not speeding.