Grounds for dismissal if traffic citation not filed with city court by officer-scheduled appearance date?

Question

I recently received a citation from an officer that I was not guilty of. Instead of contesting, however, I decided to submit my request to the court to take defensive driving. After 3 weeks, I received no notice from the court, so I inquired about the status of my case. It turns out the municipal court has NO record of my ticket, presumably because the officer never filed the citation.

It has been 1 month now and my scheduled court appearance date is Today. I intend to show up in court and speak with the judge, since the court has no record of the citation, it has not been able to issue me approval for taking defensive driving.

To anyone with personal experience on this issue: What do you think about motioning to dismiss charges? I think that without good reason, failure to file citations in a timely manner reflects lack of organization and judgment and obstructs the workflow of the court as well as (me) the citizens affected.

Thanks Citicop: Will a warrant for my arrest be filed if I showed up for the court appearance date explicited listed on the ticket, or will the Court just send me an approval for taking defensive driving (already submitted via mail) if and when the officer files the citation?

Thanks.

Richard: Well, I submitted my request to take defensive driving via mail. According to the regulations here, if I wish to request to take defensive driving, my request must be postmarked before the court appearance date. I did this. Does this hold me exempt to any possible Failure to Appear charges?

I suppose it is problematic that I have no evidence that I sent the request in before the appearance date, but the request should be on file with the court...they just don't know what to do with it yet.

Answer 1

If there is no charge filed with the court, then there is no charge to dismiss.

The time frame argument won't help you, though. I have one year to file a traffic charge against someone from the time of the offense.

Answer 2

Well, show up for court. If the court has not citation from the officer, the court will dismiss the charge. If it has made it to the court, then tell the judge your story. Chances are the court will dismiss the ticket or allow you to take the driving class.

Answer 3

If you show up and the court still doesn't have the citation, you'll be sent away. If they get it in time to get it on the calendar and you DON'T show up, then that's Failure to Appear, and a warrant MAY be issued.

Richard

Answer 4

Yeah, traffic citations are pretty much at the cops discretion.
Ive had traffic citations appear on my driving record 7 years after they were issued, and they put suspensions on my DL also.
If you press the issue that its their mistake theyll just tell
you we can make mistakes, but you still have to take care of the ticket regardless when they post it on youre DL.

Answer 5

...and ppl whine approximately unethical policemen, lol... maximum probable someplace on the cost tag the provide up date and time is written down...that's what the decide will seem at. in case you play this "how would desire to that is interest" you will maximum probable make the decide indignant and if he feels which you're mendacity you would be fined for contempt of the courtroom. maximum patrol automobiles have video and audio kit with a time and date stamp on the video. are not getting caught attempting to spin your way out of the cost tag and have the officer whip out the video documentation. you will appear as if a fool. Your maximum suitable probability to sidestep a great would be to ask on your cost tag's to be located on a diversion. which will matter on your utilising checklist and the decide.

Answer 6

if the citation was never filed how can they charge you.. is that even possible? i would get a second opinion from a lawyer..

Answer 7

This was bugging me too

Answer 8

it depends...