If you go to court for speeding ticket and the officer doesn’t show up, do you get out of the ticket?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If you go to court for speeding ticket and the officer doesn’t show up, do you get out of the ticket?

Asked on August 10, 2015 under General Practice, Iowa

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

IF that was the trial date. However, many municipal courts do not do the trial on the first appearance date: instead, the first date is an opportunity to speak with the prosecutor, try to strike a deal, and enter a plea; if you do not plead guilty (e.g. to a lesser offense--they usually, but not always, will offer you some more favorable deal), then the court will schedule a second date for the trial. It would then be at that second date that the officer must appear.

Furthermore, the courts will typically adjourn (or more to another date) a case, even if it's the date of trial, if the officer has some good reason (illness; a shift his supervisor would not let him out of; a previously scheduled vacation or doctor's appointment; etc.) for not appearing, so even if that's the day the officer should have shown up, the state will often get another chance to bring him/her back later.

So, in summary: the officer not appearing for trial would result in the case being dismissed for lack of evidence, but it's rare that happens, since the trial date is often not the first date, and the court will often adjourn if the officer has a good excuse for nonappearance.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

IF that was the trial date. However, many municipal courts do not do the trial on the first appearance date: instead, the first date is an opportunity to speak with the prosecutor, try to strike a deal, and enter a plea; if you do not plead guilty (e.g. to a lesser offense--they usually, but not always, will offer you some more favorable deal), then the court will schedule a second date for the trial. It would then be at that second date that the officer must appear.

Furthermore, the courts will typically adjourn (or more to another date) a case, even if it's the date of trial, if the officer has some good reason (illness; a shift his supervisor would not let him out of; a previously scheduled vacation or doctor's appointment; etc.) for not appearing, so even if that's the day the officer should have shown up, the state will often get another chance to bring him/her back later.

So, in summary: the officer not appearing for trial would result in the case being dismissed for lack of evidence, but it's rare that happens, since the trial date is often not the first date, and the court will often adjourn if the officer has a good excuse for nonappearance.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption