QUESTION
Is it true that if a cop does not show up to a traffic hearing, then you win the case?
Asked on May 18th, 2011 on DUI/DWI - California
More details to this question:
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!
9 ANSWERS
Geoffrey MacLaren Yaryan
Yes.
Answered on Jun 10th, 2013 at 11:00 PM
Criminal Defense Attorney serving Santa Rosa, CA
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Michael T. Lynch
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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.
Answered on May 20th, 2011 at 9:31 AM
Criminal Trial Attorney serving San Jose, CA
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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.
Answered on May 20th, 2011 at 9:29 AM
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.
Answered on May 19th, 2011 at 12:09 PM
Criminal Defense Attorney serving Temecula, CA
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Joseph A. Katz Attorney at Law PLC
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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.
Answered on May 19th, 2011 at 12:08 PM
Bankruptcy Attorney serving Huntington Beach, CA
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The English Law Firm
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You probably could have forced the issue, but it is too late now. Good luck on the the 27th.
Answered on May 19th, 2011 at 11:47 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Yes. The police officer is the prosecuting witness. Without him to testify, the case has to be dismissed. That doesnt mean the court cant make you sit and wait all day, or even continue the case to a new date to try again. Youd have to know how to object to continuance.
Answered on May 19th, 2011 at 11:47 AM
This case should have been dismissed based on your facts. Call me to discuss. What court?
Answered on May 19th, 2011 at 9:08 AM
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.
Answered on May 19th, 2011 at 8:48 AM