Is it true that if a cop does not show up to a traffic hearing, then you win the case? - DUI Law Questions and Answers- LawQA.com

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Is it true that if a cop does not show up to a traffic hearing, then you win the case?

I got a speeding ticket merging into the free way. At the time there was a large plumbing truck even with me and he started merging over and didn’t see me so the only thing I could do was merge into the freeway and accelerate a bit. But the cop didn’t see that and came up and pulled me over but he doesn’t have me on radar or anything and wrote 95 on the ticket, which is ridiculous! So I went through the whole process and plead not guilty had my trial on 5/13/2011 but they didn’t call my name on the roll call so I told them and gave them my paper work which was correct then they gave me knew paper work and said come back my trial is now on 5/27/2011 because the officer couldn’t make it. So is this legal because I heard if the officer doesn’t show up you win the case and it was just rude that I take off work to come to this and they tell me to come back last minute without any notice. Thanks for your help in advance!

Law Office of Peter F. Goldscheider
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It depends on why the officer doesn't show. If he wasn't notified, if he has an emergency or even sometimes if there hasn't been a previous continuance, the court may continue the case to get him there the next time. It is within the discretion of the court. You should always object (nicely) to a continuance, pointing out the inconvenience to you and perhaps how the delay hurts your defense. (like a witness becoming unavailable).

Answer Applies to: California
Replied: 5/20/2011

LynchLaw
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No. Often the Court will call your case and ask you if you want a trial or prefer to resolve the matter that day. At that time you might not even know if the Officer is present. Additionally, while Officers might have missed a ct date in the past, such occurrences are things of the past. Now Officers are often paid OT to show up. If you where a cop where would you rather be, out on the street working, or in an air conditioned courthouse. Don't count on the police not showing.

Answer Applies to: California
Replied: 5/19/2011

Answer By Thomas Mueller
Law Office of Thomas F. Mueller
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Normally the traffic court judges will dismiss the cases when the cop doesn't show. But there is no hard and fast rule. Maybe that commissioner doesn't believe in doing that.

Answer Applies to: California
Replied: 5/19/2011

Answer By Tracey Sang
Law Office of Tracey S. Sang
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I'm so sorry that happened to you. You case should have been dismissed. You need to make a motion to dismiss at the next hearing. You may wish to hire an attorney to help you.

Answer Applies to: California
Replied: 5/18/2011

The Law Offices of Robert L. Driessen
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If the officer does not appear at the trial the case will be dismissed. Understand that in a traffic case the first appearance is an arraignment. This is where you plead guilty or not guilty. The officer does not need to appear for this court appearance.

Answer Applies to: California
Replied: 5/18/2011

Law Office of Andrew Roberts
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This case should have been dismissed based on your facts. Call me to discuss. What court?

Answer Applies to: California
Replied: 5/18/2011

Law Offices of Michael Stephenson
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This is not true. There are other ways for the prosecution to prove their case (documents, sworn written testimony, etc.)

Answer Applies to: California
Replied: 5/18/2011

Answer By Joseph A. Katz
Law Office of Joseph A. Katz
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No,what the Court did was not okay. If the officer did not show up, the case should have been dismissed. You had a right to a speedy trial. You should have objected, and still should. Find out if you ever agreed to any waiver of time. You should call an Attorney who specializes in traffic matters. Call around, including to the billboard advertisers. Never use one of them for a DUI, though - only minor traffic matters.

Answer Applies to: California
Replied: 5/18/2011

Answer By Jeff Yeh
Law Office of Jeff Yeh
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It should have been that way, but because you didn't have a lawyer, they took advantage of you. Lawyers, on the other hand, go in and out, and when the cop is not there on time, the case is called and dismissed.

Answer Applies to: California
Replied: 5/18/2011

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