[kei169]

How often does police not showing up to the court if one claimed himself not guilty?

[radix]

Originally Posted by kei169

How often does police not showing up to the court if one claimed himself not guilty?

Show up in court, take a look around to see if the officer is there, and adjust your plea accordingly. Don't expect the officer not to show, many of them get paid extra to show up in court.

EDIT: Even if the officer doesn't show up, don't lie to the judge, dress well, and don't act like a jerk.

[montreal red]

even if the officer doesnt show, it doesnt mean you will win your case 100%... it really depends on the situation. sometimes the officer will fill in a very detailed signed report and submit it together with the case file. a copy of this will be given to you when you show up in court that day and his testimony will be read by the judge. so the judge could still rule against you. make sure you plan what to say and dont assume that you'll be let go just cos the cop doesnt show.

[Chitown-Irish]

Doesn't mean you'll automatically get off at least not here in Northern Illinois.

In Cook County traffic court if the police officer is not present in the court the court attonery will ask for a continuance which is usually granted unless you come with your own attorney.

[rollout]

My case was dismissed in OK when the officer didn't show up. I would have won anyway. ;-)

Bill

[GreenThree]

If he does not show you are in good shape. If he does, it can go either way. Do not assume he will not be there. There is no way to guage the chance he will show or not. If I were you, I would assume he does show.

[I335]

In many cases a "stand-in" cop will be sent in to represent all the cops for the day and the stand-in simply reads the original cop's statement. That happened to me last time I went. These days it really doesn't make much difference if the original cop is there or not. GL

[gtrokin330]

the cop has always been there when ive been in court. I think i had the upper hand over the majority of people because i dressed very well. i mean wtf do you really expect to get your charge dismissed if you come to court in a wifebeater ( ive seen this a few times)

[Terrance28]

I won mines when the cop didn't show up. The magistrate came out and told me it was dismissed while I was waiting because he didn't show.

[dth656]

prepare properly for the court date, and it wont matter if the cop shows up or not.

case in point, my mom recently got a ticket after 32 years of citation-free driving. she and my sister (an engineer) scheduled a court date, and did an extensive amount of research to bolster her case (including gathering engineering schematics and aerial pictures of the area in question).

cop showed up, and all he could do was regurgitate his original citation. the drawings and research (along w/ clearly stated, logical assumptions) put together clearly showed that the statements in the cops citation were untrue.

long story short dress appropriately, do some research, and put together a logical defense

[kei169]

thanks,
Does dressing well change the judgment of the case?

[Seminole]

Originally Posted by kei169

thanks,
Does dressing well change the judgment of the case?

Absolutely. Imagine if you were the Judge. Who give the better impression, the person in a shirt and tie or the guy in a "let me see your hooters" shirt and torn jeans. You are walking into the Judge's courtroom, dressing well is a matter of respect.

[E46X2]

Originally Posted by kei169

thanks,
Does dressing well change the judgment of the case?

From what I have heard from people that actually work for courts, lawyers, DAs, etc, dressing "well" will not hurt you but doesnt necessarily help you. Dress appropriately. I also been told before that if you dress "too well" some may get the impression you're just arrogant and therefore dressing well will not work in your favor.

Also, check to see if the county you're in requires the officer to be present when a ticket is contested. I know a county my friend works for in the Bay Area requires their officers to be present for any citations they give that are contested. If you feel your case is not strong enough to win if the cop shows up then you might reconsider your course of action.

[Steve335i]

I'm no lawyer but you have the right to confront your accuser. Secondly no other officer can testify regarding a traffic stop he was not present for because that testimony would be hear-say which is not admissible. Thirdly in CA a speed trap is not legal so if this is a speeding ticket using radar you might find a loophole. Like others have said, be respectful in dress and demeanor and research the traffic laws. There are many ways to beat a speeding ticket besides officer no-show.

[mfstout]

Some great advice here. My only thoughts, remember, this is a crummy job for a judge. He/She sees a lot of a-holes. So be nice. Respectful. Don't play tough. And if you can legitimately find some small thing where the cop's recollection of things is inconsistent, go for it. Avoid trying to sound like a lawyer. And if whatever you did can be construed to have made it safer, even if it was illegal, then bring it up. Good luck. Traffic court is a real bummer of a place to be.

[e92phreak]

it's not often but happens sometimes. they get paid overtime if it's their day off.

what did you get caught for?

[zsapphire7]

So i was told apparently they go alphabetically. The cop will get full pay for the day if he has to wait 30 mins for your hearing or the entire day. So if your last name is really close to A... most likely he will show up and go home. Odds are greater if your last name is closer to Z that the cop will decide not to sit through everything else... but dont take my word for it . Thats just something a coworker said a cop friend of his told him.

[Gig103]

The cops have always shown up (or a representative cop, which is apparantly allowed), but the cops have plea bargained it to a no-points violation. Which is all I really care about.

[sykno]

Call the police department where the officer is stationed once everyday in a week. find out his off days.. set ur court date to the day hes off work.. (make up excuses.. school/work etc so u can only come to court on that day).. HE WONT BE THERE ! WALLLLAAAAHHHHH!

edit: if hes there... then hes was just a nerd in highschool who got picked on.. so hes returning the favor

[darkphantom]

From what I've heard, cops get paid overtime to show up to court so don't count on it. Just go and give a reasonable legit excuse and you'll be let off it is a valid case.

[radix]

Originally Posted by Chitown-Irish

Doesn't mean you'll automatically get off at least not here in Northern Illinois.

In Cook County traffic court if the police officer is not present in the court the court attonery will ask for a continuance which is usually granted unless you come with your own attorney.

That's weird, I was just in Cook Count court the other day for a tint ticket, and every case in which the officer was not there was dismissed. The judge even apologized to the defendants for wasting their time. You have a right to a speedy trial, and to confront your accuser (in person). Most judges will throw dismiss cases in which the officer is not present. I forgot the name of the judge, but he kind of looked like Rudy Giuliani.

[Doc E]

this is too funny, i will be in court in exactly 1 hour....dress well and speak to the judge with respect, make eye contact.