Everyone who had a ticket by this cop was told he was sick and it would be rescheduled.. even those who asked for a dismissal. After watching them get nowhere doing that and them having to speak to another officer I just let the judge reschedule for me. I was told they have to dismiss it on failure to prosecute and cannot do this.
Is this true ?
2007-10-25 05:06:03 · 14 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
The State/City have a right to ask for a continuance. Don't believe everything you hear.
2007-10-25 05:10:20 · answer #1 · answered by CGIV76 7 · 2⤊ 0⤋
In my only traffic case, there was a continuance because the JUDGE became involved in some scandal and it took a while to sort out and replace him.
By the time the event was rescheduled months later, the cop mistestified as though he was speaking from rote (didn't match the charge on the ticket at all!). I pointed that out and before I even got to testify, it was dismissed on reasonable doubt grounds.
2007-10-25 14:39:08 · answer #2 · answered by Barry C 7 · 0⤊ 0⤋
Years back I was cited for going 47 in a 35mph zone. I recently raised the suspension and installed larger tires on my 4x4. I also changed the ring and pinion gears. This of course threw off the speedometer.
After getting the ticket I went to a speedometer shop and paid 50 dollars to get it corrected. On the court day I was ready with papers in hand.
Guess what all that trouble for nothing, the judge dismissed the case because the cop who gave me the ticket didn't show up. He never even spoke to me or looked at my papers.
2007-10-25 12:18:16 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Yes the judge can do this if he finds a good enough reason to. It is not generally a common practice for traffic tickets because of the sheer volume of cases they deal with, but in many rural or lesser populated areas it will happen from time to time. In nearly every state the judge is allowed considerable discretion when dealing with illness. For instance, it wouldn't due for all cases bought by a cop to be dropped because he got shot, or caught pneumonia at some point and was not medically capable of appearing would it?
2007-10-25 12:30:13 · answer #4 · answered by ragggggingdemons 1 · 0⤊ 0⤋
I guess the judge did not feel this was true. Personally, I have never seen a traffic ticket dismissed due to the officer not being there. I must have lived in all the wrong States.
2007-10-25 12:11:32 · answer #5 · answered by sensible_man 7 · 1⤊ 0⤋
NO.....
If the officer called in prior for a good reason and asked to have his cases continued... then the judge will do so.
But, if he is just a no-show with no excuse, then YES... you can ask for and will be granted a dismissal.
Defendants can also do this..... last time I was in traffic court a few months ago, a guy had contacted the court to have his case continued as his wife was in the hospital. He had called in to the Clerk of Courts office and a note was put with the ticket. The judge read it into record and granted him a continuance.
2007-10-25 12:54:14 · answer #6 · answered by Dog Lover 7 · 2⤊ 0⤋
Go fish. This is a favorite myth. Sometimes it does happen but is rare. In most cases the officers make their court dates when they are required. However, emergencies do happen and the judge and the court are smart enough to realize this. It is not unreasonable to reschedule something if the officer is sick. It's not like he/she called up the judge and said they were going to go take in a movie and couldn't make it.
2007-10-25 13:57:23 · answer #7 · answered by El Scott 7 · 0⤊ 0⤋
If the cop is sick its rescheduled. Usually you gotta wait more than once before dismissed
2007-10-25 15:59:42 · answer #8 · answered by mystcarol 4 · 0⤊ 0⤋
It all depends on the Judge. Some places might dismiss the ticket, most would not. Neither option is wrong.
2007-10-25 13:47:04 · answer #9 · answered by Matt 4 · 0⤊ 0⤋
In my state the case does not get prosecuted when the officer does not show...
2007-10-25 12:21:08 · answer #10 · answered by Anonymous · 0⤊ 0⤋