If an officer does not show up for traffic court?

Maverick

ask the judge

robert_ranchero

In most cases the judge will dismiss, however if the DA tries to continue you must request a dismissal.

lawyermama

You can ask for an immediate dismissal. You just say to the judge/hearing examiner you respectfully request a dismissal of all charges. Sometimes the judge does it for you, and sometimes the judge will reschedule to give the officer another chance to show up.

destynee97

From what I was told if an officer does not show up it is automatically dismissed.

jordanjd4

usually gets thrown out

fr_chuck

1. The judge does not have to dismiss the case, they may just re-set another court date, so it is not automatic

2. You request that the judge dismiss the case because the witness against you is not present in court.
a.and if the judge will not, and the other side asks for a new date, you object and request that they continue with the case now.
esp since no officer no evidence

thomasrobinsonantonio

UK: If the officer is certificated sick, attending Juvenile Court, Coroners Court or Crown Court, the case would be adjourned to another day. If no satisfactory reason is given, it would be most likely that the Magistrate would dismiss the matter if an application was made................

metsfanrich

There's a pretty good chance the judge will dismiss the ticket. I always recommend fighting tickets, because the odds are pretty good the officer won't show up.

deputyswife

In our county if the officer doesn't show within 15 minutes of the scheduled time, the magistrate automatically dismisses the ticket.

FRAUD FINDER

it depends where you live... most places will re schedule your date if the officer doesnt show as long as the officer doesnt have a history of being a no-show

okchico

Most jurisdictions will reschedule the traffic court date. Some will not and the judge will take it into his own hands. This depends on the seriousness of the ticket, the judge, and if there are any notes the officer left about the ticketed drivers "attitude." When you get a ticket you can plea guilty or not guilty. If you don't mail it in and just show up and plea guilty, the officer will get a subpoena to show up with you at a future time. If the officer doesn't show up after being properly served his/her subpoena the judge will more than likely reduce the charge to a parking violation or some similar non point driving infraction and you will still be reliable for court costs and a fine but it varies from jurisdiction to jurisdiction.

idontkno

right then

NyceGyrl

Usually if the traffic cop that stopped you does not show up for court - they dismiss it, but its up to judge.
He may reschedule your court date if the cop contacted the court beforehand.

Wolfpacker

Immediately, but they now set your date in court for their assigned date in court. Too many forgot to show up in court.
It never works anymore in NC.

gaiagurl

The judge dismisses it I think - when he doesnt show.

adub

My case in VA was definitely continued without me having any say in the matter when the officer did not show up. Judge said the Commonwealth will continue the case on behalf of the officer.

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