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Originally Posted by lomtevas
In traffic court, if the cop, who is the state's witness against you, fails to show, or if he shows and does not have his notes about your particular case, then you tell the judge, "Your honor, I move to dismiss the case for failure of proof," and the judge will dismiss the ticket.
No they won't. Depends on the court, judge, and circumstances.
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Originally Posted by lomtevas In New York they do. Perhaps in Delaware, they don't. |
Same in NY, NJ, PA, MD, VA and probabily every other state. It all depends on the Judge, circumstances, charges, the deals the AGs and attorneys work out, etc. There have been many traffic charges in every state dismissed entirely because of an officer not showing up or not being prepared for trial. Many times this will happen if an officer routinely does not show up for court or is ill prepared to prosicute his case.
What were the circumstances why the judge wanted the officer there to procede with this case? There was some reason or just to "move it along" it would have been dismissed. The officer could have been on court standby and may not have been able to get to that court because of being on a call or in another courtroom etc.
Saying "Your honor, I move to dismiss the case for failure of proof " may work with some judges but may backfire with others. Some judges may say that the ticket from the officer is enough proof. They may even allow the prosicuter stand in for the officer.
It sounds like in this case the judge wanted the officer's input or "OK" to reduce and dismiss some of the charges. It's not unheard of for a judge to want the arresting officer there to OK the reduction of charges. It doesn't mean that the officer simply did not show up and everything should be dismissed... each case is different with different circumstances.
In any event I think the best advice I can give someone is to talk to the arresting officer before court. Have him explain to you exactly what is going on and what to expect. Ask him flat out if you can work out a plea, then talk to the prosicuter and ask the same questions.
Lomtevas, I'm not trying to cause an argument but I've been to countless traffic trials. I gave Milosz the best advice I could to avoid a suspension and have some of his fines reduced.