I received a speeding ticket while in new jersey. I
live in Ohio, so I asked the court if I could do a
"plea by mail" because of undue hardship. I faxed in
the form and after the court date I called in to hear
the judgement, and the lady told me that the judge made
a new court date so the prosecutor could "gather necessary documentation". I asked if the officer was
present for the court case and she said "no". I asked
her why the case wasnt dismissed, but she had no
answer.
I was always under the impression that if the Officer
failed to show for the court date, the judge had to
dismiss it. If thats true, can you provide me with the
legal reference?
From the LawyerCentral forum archive. Originally posted 9 July 2009 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).
While it is likely that a judge will dismiss a ticket if the attending officer does not show up for the court date, not all judges are so accommodating. Some will just push the court day back and hope the officer shows up then. There is no law mandating the case be dismissed if the officer is absent.
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