I need some advice. Just got a ticket this weekend and was wondering if you guys know anything about getting the ticket dimiss if the police officer does not show up to court. Any lawyers having any advice on this issue. Thanks
I'm no lawyer, but I do drive fast. it is possible to get the ticket dismissed and is well worth challenging in my opinion. If the officer doesn't show up the prosecutor can file (once, without reason) a continuence and reset the court date. If the officer doesn't show up the second time it is dismissed. There is usually a fair amount of time between dates so it is possible that the officer won't even be on the force anymore (or working elsewhere) by the time the second date comes around. If he shows up the first time - file for a continuence which must be allowed once without reason (and must have a good reason for the next one). Small towns, especially, are a good place to give it a go as the officers are usually there on a contract basis. By the time you get to your second court date the chances of the officer still working in that area are slim. I did this not too long ago after talking with a guy at my first court date. He was doing about 80 in a 35 and had been postponing his court appearance until the officer was no longer in that area. Sure enough, with my own ears, I saw him get his ticket dismissed. He told me he does this about three or four times a year and very rarely has to pay a ticket. I've challenged every one since then with mixed results - but as I said... it is worth the effort in my opinion. Tickets should be given to the old, lame and slow just like the penalty you pay in the wild. Ticketing the nimble and quick goes against the laws of nature...
I'm a lawyer, call me. 911. Seriously, if this is your first offense, you got a shot to have it dismissed.
