Is it true that my traffic ticket will be dismissed if the officer doesn’t show up to court?

Among all of the “facts” that people believe when the topic of contesting a traffic ticket is being discussed, the fact that your case will be dismissed if the officer who gave you the ticket does not show up to court is the most widely believed. While there is a very good chance that such an outcome might occur for you, there is no guarantee where that is concerned. While there is a good chance that the judge will dismiss your case if there is no officer for you to question, some judges are not quite so accommodating and simply push the case to another time.

Depending on the state in which you are in, the judge presiding over your case and the officer in question, the judge might simply request a continuance of the case, which means that it will be rescheduled for another time. You will once again have to take time off work and show up to court. However, most judges understand that people have to take time off from work to come to court in the first place, so they rarely reschedule a court date. Also bear in mind, though, that the original court dates are usually set for the convenience of the officers in question. So, the chances of the officers not showing up are slim.

If you really want to get your speeding ticket dismissed, when you show up at court, make sure that you state your case plainly and sincerely. Do not appear belligerent or confrontational and do not be sarcastic with either the judge or the police officer in question. The judge will take everything into consideration and most likely dismiss your case if the officer does not show up on time.

One way of making sure that the officer does not show up for the trial is to push the case so far away that the officer barely remembers the details. You can request postponement of the case for several reasons including serious illness and being out-of-town. If you cannot get the case dismissed you can always try for a plea bargain with the court. In many instances the judge will agree to a lesser charge plea where you will still have to pay a penalty but will not be saddled with the demerit points that go along with a speeding ticket. Next to a dismissal, a reduced penalty is the best thing to hope for as your insurance rates will not be affected as long as you do not get any demerit points.


Traffic Tickets   |  April 8th, 2010    | 


5 Responses to “Is it true that my traffic ticket will be dismissed if the officer doesn’t show up to court?”

  1. 5 yrs ago I got a ticket in MA for some reason they transferred the ticket to the court in my hometown in NY is there a reason that they would do this. I showed to court and they dismissed the charges and the ticket was noled based on the fact that the officer that wrote the ticked did not show to court! Fast forward 5yrs later I was in MA got pulled over & was arrested for driving with suspended license. Went back to the superior court in my town and they had no record of the event. Not even a docket #! The court also stated the tickets are not transferred from state to state. How can I prove that this did happen the ticket was transferred to my state whether by oversight or clerical error; and clear myself off a charge that I took the time to show up for and happened 5yr ago.

  2. How do I plea a bargain with the court? sure I try to plea first for the ticket and after plea a bargain? How this thing works, PLEAAAASE HELP ME!…
    Thank you…

  3. is there a way to appeal if the officer didn’t show up to court and the judge did not dismiss my case (ticket for no insurance)
    Thanks

  4. is there a way to appeal if the officer didn’t show up to court and the judge did not dismiss my case (ticket for no insurance in el paso tx)
    Thanks

  5. i showed up twice and the officer never showed. now 2nd judge says it is going to reschedule for 3rd time. this is unfair. is this even legal? what about my rights. like the others said, i’m taking off from work. can’t i file a motion for dismissal. the officer didn’t even give me the ticket. he mailed it a week later to my house. ticket was for rolling stop at stop sign. each time i said not guilty. this is crazy.

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