had court yesterday

[milosz87]

but can he dismiss it? why would i be wasting my time going to court if they arent ready to do something about it.

[Jammerkiller]

Milo, please inlighten me. What were you involved in?

Sounds like a high-speed chase from a bank robbery, or something.

[milosz87]

just having a little fun and being in the wrong place at the wrong time... oh and the fact that the passenger in the other car knew who i was >=[

[lomtevas]

Originally Posted by rjb190e

No they won't. Depends on the court, judge, and circumstances.

In New York they do. Perhaps in Delaware, they don't.

[lomtevas]

Originally Posted by milosz87

but can he dismiss it? why would i be wasting my time going to court if they arent ready to do something about it.

A thousand cases all seem the same to the prosecutors and judges. They don't care about you and all they want is to dispose of their calendars - which means move the cases along.

[milosz87]

which means.....

[rjb190e]

Quote:
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.

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.

[lomtevas]

Originally Posted by milosz87

which means.....

You don't get the personal touch. You also don't get the expected result. The prosecutor has more cases than he can try before the judge. So, the prosecutor will settle the violations by dropping everything but perhaps one charge, and then have you pay a minor fine. If his fifty cases all refused to settle, that would innundate the system and no one would be prosecuted becasue of the overload.

If the police officer is unavailable for trial after the first adjournment, then you proceed to trial and as I specifically wrote before, tell the judge, "I move to dismiss this matter for failure of proof," and the prosecutor will ditch the case. If you take the plea offer, then the officer is not needed, and you get the conviction and pay the fine.

It's your choice.