How likely is it that a cop doesn't show up at court for a speeding ticket?
Do the cops show up most of the time? If they don’t then the case gets thrown out right? And what happens if they do? Also, can they use information they recieved by calling a parent while being pulled over?
February 24th, 2010 at 5:10 pm
They get paid overtime for going, so there is a very high likelyhood they will show up.
As far as if they dont show up, your off the hook, that is not the case (it might have been a few years ago, but like all loopholes its been used, abused and closed). Either the court will try based on evidence at hand (the police report on the incident), or, more likely, the trial will be re-scheduled for another date.
They can use any information they were given as long as it was given to them freely.
February 24th, 2010 at 5:10 pm
I’d say the police show up most of the time. It is a myth that the case automatically gets thrown out because the officer did not show. Sometimes it gets thrown out if you can make a good claim that creates reasonable doubt. If the officer doesn’t show up then the judge can use the information that was provided to them by the officer, or they can postpone the court date until the officer can come.
The officer can use any means to get information. This can include calling other people and asking them, or by lying to you to get the information from you. Also, if by saying parent, you are implying you are under the age of 18, at least one of your parents has to go to court with you when you do go.
February 24th, 2010 at 5:10 pm
its a 50/50 chance on them showing up. And no, just because they don’t show doesn’t mean the case is thrown out. you still have to present your evidence and let the judge decide.
>>Also, can they use information they recieved by calling a parent while being pulled over?
As stated in the Miranda rights, anything you say can and will be used against you in a court of law. That means anything said by friends, family, etc about you as well. Next time, don’t give out a phone number. Tell them you want to remain silent.
February 24th, 2010 at 5:10 pm
The officer will probably show up. It’s their job to be in court. They will have any and all records they might need to be in court that day.
If there is a very good reason for the officer’s absence from court, any cases requiring their testimony will be continued to another date.
Unless the information was collected in such a way as to taint it, it can be used in court. Information collected from a parent over the phone would be usable.
I guess you will just have to face the music for whatever you got ticketed for!
February 24th, 2010 at 5:10 pm
If its a local cop, the trial will be held at the local municipal building, which usually is also the Police station, so basically the cop the gave you the ticket parked his car right next to the courtroom your in, and as long as hes working that day, you can bet your ass he will be there, if hes not scheduled to work that day, it is his job to be there, and he gets payed for it so its very likely he will be.
If its a state Police officer, its my be less likely, but still likely that he/she appears. Depending upon where the officer lives, he may have to drive a long ways to get to the courtroom where you need to be, he may not feel like doing it if its really, far, but again, he gets payed so hell probably show up, also he gets to drive a patrol car, and gas/tolls really arnt a deterrent for him not to drive.
If the officer doesn’t show up, usually your case will be postponed to a later date, if he fails to show the second time, usually the case will be dismissed, as long as hes the only witness and theres no other evidence. If theres a radar reading, they will probably continue without him and just use that against you.
You got some options….
-You can try to make a deal and amend it to another violation, maybe one that has lesser penalties
-you can pay it outright, by pleading guilty
-you can enter a nolo plea which really does nothing, but opens the possibility that the judge may decide to do nothing, (which he wont do, you will just be deemed guilty, fined etc)
-you can plead not guilty and, you can fight the officer in court, it is your right, all you are risking by doing so is another ~30 dollars court costs if you lose the case ontop of whatever fines/p[enalties you woudl suffer from simply pleading guilty, if you win you dont have to pay anything though.
One common way to combat speeding is to make the evidence inadmissable. Which means the evidence cannot be submitted as evidence. Perhaps the state cannot provide documentation that the officer knows how to use the gun accurately, perhaps the state cannot prove that the gun has been calibrated, perhaps the area the gun was used in would cause the gun to be prone to error, perhaps its was raining (lidar only), perhaps there were other cars in adjacent lanes (radar only), perhaps the radaring was done at a range that makes it anadmissible (varries by state).
also, yeah the officer may not show up, multiple times, and they might dismiss it, they might not, you have way better odds of getting a good deal, maybe you recently put on larger tires so your speedo wasnt reading accurately, and you can amend it to improper equipment, or failure to make repairs? maybe unsafe operation, maybe failure to observe signage, lots of possibilities, the act you committed generally ahs to be caused by something that violates whatever it is you amended it to, in one instance i was able to amend a speeding violation to impeding traffic, because as the driver sped, he was passign a large truck and preventing it from getting into the exit ramp, even though impeding traffic is almost the complete opposite of speeding, the situation described both violations.
February 24th, 2010 at 5:10 pm
Your best bet is to contact the courts and ask them these questions. They are the ones who will process your ticket and will know all the laws and regulation. You should also ask the courts if you are allowed to take a driving school class. This will prevent your insurance from going up and points put on your license. Just make sure you get the courts permission before doing so. If you don’t the courts will reject your driving school certificate. Good luck!