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How Often Do Police Officers Show Up for Court? (1 Viewer)

cstu

cstu

Footballguy
I usually fight any traffic tickets I get* and the out of the two times I have the officer didn't show up one of the times and the tickets were dismissed. I get an extension on the court date that I hope makes it less likely the officer will show up.

Reading about it I've seen that officers show up 50-90% of the time since in most places they get overtime for it. In my experience in court I have seen quite a few traffic tickets dismissed because the officer wasn't there, but I don't know how common it is.

Any of you get out of a ticket because the officer wasn't in court?

*Yes, I have no life.

 
I have successfully avoided taking responsibility for traffic tickets issued to both my wives. One, a speeding, the other, not pulling over for an emergency vehicle. In MA, it seems that most jurisdictions send a representative from the police force to represent all the tickets written in that jurisdiction. In neither case, for us, did the failure of the officer who actually wrote the ticket, result in an automatic dismissal.

 
Do the old athlete trick and send a couple of hookers over to his house the night before court; this should guarantee a no show.

 
Note sure the percentage.

I've gone myself, and the officer hasn't shown, and judge just postponed it, and told me I hadda come another day.

Asked my lawyer (work paid for my lawyer for an on the job speeding ticket, which was nice) why it wasn't dismissed. He said, "oh, that's just a myth." He then trundled over and worked out a plea to parking on pavement with one of the town attorneys. A month later, my lawyer was elected DA.

I've always wondered whether he was really on my side at all. But, hey, my boss was paying him. I think I hadda pay the parking ticket.

 
'Topes said:
Note sure the percentage.

I've gone myself, and the officer hasn't shown, and judge just postponed it, and told me I hadda come another day.

Asked my lawyer (work paid for my lawyer for an on the job speeding ticket, which was nice) why it wasn't dismissed. He said, "oh, that's just a myth." He then trundled over and worked out a plea to parking on pavement with one of the town attorneys. A month later, my lawyer was elected DA.

I've always wondered whether he was really on my side at all. But, hey, my boss was paying him. I think I hadda pay the parking ticket.
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It is technically up to the judge and may depend on how busy of a court it is. In LA the courts are packed so I don't imagine wants people coming back.
 
'johnnycakes said:
I have successfully avoided taking responsibility for traffic tickets issued to both my wives. One, a speeding, the other, not pulling over for an emergency vehicle. In MA, it seems that most jurisdictions send a representative from the police force to represent all the tickets written in that jurisdiction. In neither case, for us, did the failure of the officer who actually wrote the ticket, result in an automatic dismissal.
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How can a representative who didn't see the violation testify? The courts are a scam.
 
For DUIs they always show up because it is OT pay. A Michigan State Trooper who played on my hockey team said they get 4 hours of time and a half..or 6 hours of pay just to show for DUI offenses. Even if they are only there for an hour. Good reason to bust people.

For traffic tickets I would say it is much less. DUI is a much bigger business.

 
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I have fought 3 tickets. All 3 times the cop showed. 2 they offered a reduced plea before the judge heard the case. The other was a state cop and offered nothing. I was not disputing that I was speeding in that case, actually, but I was disputing the speed he said I was going which was incorrect (I had my cruise control set so I knew exactly what I was going - 4 miles over speed limit). The judge knocked it down. So, I basically got all 3 knocked down to minor offense by going to court.

 
2 of those were speeding tickets, btw, and the other was not coming to a complete stop at a stop sign.

my war against the PPA for a parking ticket doesn't count. the ticketing officer does not have to show up for that. according to them, the fact that they issued a ticket says all they need to say.

 
'cstu said:
'johnnycakes said:
I have successfully avoided taking responsibility for traffic tickets issued to both my wives. One, a speeding, the other, not pulling over for an emergency vehicle. In MA, it seems that most jurisdictions send a representative from the police force to represent all the tickets written in that jurisdiction. In neither case, for us, did the failure of the officer who actually wrote the ticket, result in an automatic dismissal.
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How can a representative who didn't see the violation testify? The courts are a scam.
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I don't think they testify. In both my cases, as well as the cases I have witnessed, the representative only reads the ticket. The magistrate then questions the accused and makes a decision. But the magistrate will not dismiss the ticket solely because the officer who wrote the ticket didn't show.ETA: And either side technically has the right to appeal the magistrate's decision to a judge. I would imagine the officer writing the citation would have to show up for that one. In neither of our cases, did the police, or whomwever would be the appropriate party, appeal the magistrate's decision of "not responsible."
 
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'Da Guru said:
For DUIs they always show up because it is OT pay. A Michigan State Trooper who played on my hockey team said they get 4 hours of time and a half..or 6 hours of pay just to show for DUI offenses. Even if they are only there for an hour. Good reason to bust people.For traffic tickets I would say it is much less. DUI is a much bigger business.
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I would expect the officer to be there for serious cases but unless they need the overtime I would think they'd want to avoid it for minor traffic violations.
 
'spOOfy said:
I have fought 3 tickets. All 3 times the cop showed. 2 they offered a reduced plea before the judge heard the case. The other was a state cop and offered nothing. I was not disputing that I was speeding in that case, actually, but I was disputing the speed he said I was going which was incorrect (I had my cruise control set so I knew exactly what I was going - 4 miles over speed limit). The judge knocked it down. So, I basically got all 3 knocked down to minor offense by going to court.
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Did you try have the initial assigned court date changed? That seems to work more often because when the officer gives the ticket he does it on his assigned court date.
 
'johnnycakes said:
I have successfully avoided taking responsibility for traffic tickets issued to both my wives. One, a speeding, the other, not pulling over for an emergency vehicle. In MA, it seems that most jurisdictions send a representative from the police force to represent all the tickets written in that jurisdiction. In neither case, for us, did the failure of the officer who actually wrote the ticket, result in an automatic dismissal.
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mormon?
 
I've been let off a driving without insurance in Buffalo before (driving my friend's car). Officer didn't show up to court. And in New York, if you live in Buffalo, Rochester, Syracuse, Yonkers, or NYC, you can't plea down a ticket. It's all or nothing.

 
'Fennis said:
'johnnycakes said:
I have successfully avoided taking responsibility for traffic tickets issued to both my wives. One, a speeding, the other, not pulling over for an emergency vehicle. In MA, it seems that most jurisdictions send a representative from the police force to represent all the tickets written in that jurisdiction. In neither case, for us, did the failure of the officer who actually wrote the ticket, result in an automatic dismissal.
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mormon?
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Well, I'll admit I'm not the sharpest tool in the shed...
 
I think it depends on the Jurisdiction. When I lived in MD, there was always a good chance of the cop not showing up as they could very well have cases elsewhere, or just be needed out on the streets. But in VA, cops have an assigned day in court each month, and your case will only be heard on one of their scheduled days.

 
I have guy on my softball team that is a cop. He says everyone in his department always shows up because (1) they get paid OT, (2) it is easy money, (3) they base the schedule of the hearing for a time that is convenient for the officer.

Barring something unforeseen (sick, emergency, etc.), the cop is going to be there.

 
Depends upon the jurisdiction. For example, downtown Cleveland on a minor traffic offense,(ie not a DUI) there is very little chance the officer is going to appear. Go to the suburbs, they almost always show.

 
'johnnycakes said:
I have successfully avoided taking responsibility for traffic tickets issued to both my wives. One, a speeding, the other, not pulling over for an emergency vehicle. In MA, it seems that most jurisdictions send a representative from the police force to represent all the tickets written in that jurisdiction. In neither case, for us, did the failure of the officer who actually wrote the ticket, result in an automatic dismissal.
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Way to go, Utah!
 
'Angry Beavers said:
Depends upon the jurisdiction. For example, downtown Cleveland on a minor traffic offense,(ie not a DUI) there is very little chance the officer is going to appear. Go to the suburbs, they almost always show.
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Where I am, I think the normal procedure is that if you come in to plea not-guilty, 99% of the time you just talk to a prosecutor who sets up a plea to the lesser charge. If you're not going to accept that plea, they'll re-schedule your court date so the officer will be there. I've been to court for tickets 4-5 times and have never seen an officer in the courtroom for anyone's case (each time I've gone in to court there have been dozens of other cases I've had to sit through while waiting). If you actually take it to a trial, I'm pretty sure they postpone it, inform the officer and you end up with another date.
 
It depends on the level of offense.

I have had two tickets in my 25+ years of driving: The first was thrown out immediately because what I did was not illegal and I told that to the officer. He just gave me the ticket to be a jerk.

The second was a rolling through a stop sign ticket and the officer didn't show for trial. Case dismissed.

But the police do show here quite often and it basically is a crap shoot when you set for trial. That being said, you never pay a ticket upfront. It is always worth trying to get it reduced.

 
'Tickle Monster said:
I've been let off a driving without insurance in Buffalo before (driving my friend's car). Officer didn't show up to court. And in New York, if you live in Buffalo, Rochester, Syracuse, Yonkers, or NYC, you can't plea down a ticket. It's all or nothing.
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How did you get pulled over while driving your friend's car? That's horrible luck. Or was it not a one-time thing? We're you driving his car like every day for months or something?
 
'Tickle Monster said:
I've been let off a driving without insurance in Buffalo before (driving my friend's car). Officer didn't show up to court. And in New York, if you live in Buffalo, Rochester, Syracuse, Yonkers, or NYC, you can't plea down a ticket. It's all or nothing.
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:unsure:I just plead a 52 in a 30 down to a pair of parking tickets in a suburb of Buffalo. Not sure about the cities themselves, but I can't imagine a busy city court system would want to be bothered with hundreds of speeding ticket trials every week.
 
'cstu said:
'spOOfy said:
I have fought 3 tickets. All 3 times the cop showed. 2 they offered a reduced plea before the judge heard the case. The other was a state cop and offered nothing. I was not disputing that I was speeding in that case, actually, but I was disputing the speed he said I was going which was incorrect (I had my cruise control set so I knew exactly what I was going - 4 miles over speed limit). The judge knocked it down. So, I basically got all 3 knocked down to minor offense by going to court.
Click to expand...
Did you try have the initial assigned court date changed? That seems to work more often because when the officer gives the ticket he does it on his assigned court date.
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I think 1 of them I did. The other 2 I went with the original date.
 
'Courtjester said:
It depends on the level of offense.

I have had two tickets in my 25+ years of driving: The first was thrown out immediately because what I did was not illegal and I told that to the officer. He just gave me the ticket to be a jerk.

The second was a rolling through a stop sign ticket and the officer didn't show for trial. Case dismissed.

But the police do show here quite often and it basically is a crap shoot when you set for trial. That being said, you never pay a ticket upfront. It is always worth trying to get it reduced.
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what was this?
 
I was late for class so was illegally using the carpool lane in So Cal. I see a motorcycle cop coming up from way behind me. I hurriedly (and illegally) crossed over double yellows to get out of the carpool lane.

It was too late, he saw me and pulled me over. Got a $340 ticket for using the carpool lane and a $340 ticket for the illegal lane change. Court day comes and I couldn't really remember what the cop looked like. All I remember is he had a big gut and a big mustache. I show up for court and there are 20 cops waiting to testify. All of them had a big gut and a mustache!

The judge started the proceedings and immediately dismissed my case. My cop didn't make it. I danced out of the courtroom feeling like I won the lottery.

 
'Riversco said:
'Tickle Monster said:
I've been let off a driving without insurance in Buffalo before (driving my friend's car). Officer didn't show up to court. And in New York, if you live in Buffalo, Rochester, Syracuse, Yonkers, or NYC, you can't plea down a ticket. It's all or nothing.
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How did you get pulled over while driving your friend's car? That's horrible luck. Or was it not a one-time thing? We're you driving his car like every day for months or something?
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One time thing. Apparently, her front license plate had fallen off (it was March, and the screws had rusted out from all the salt being used that winter). They thought I had stolen the car.
 
'Joseph said:
'Tickle Monster said:
I've been let off a driving without insurance in Buffalo before (driving my friend's car). Officer didn't show up to court. And in New York, if you live in Buffalo, Rochester, Syracuse, Yonkers, or NYC, you can't plea down a ticket. It's all or nothing.
Click to expand...
:unsure:I just plead a 52 in a 30 down to a pair of parking tickets in a suburb of Buffalo. Not sure about the cities themselves, but I can't imagine a busy city court system would want to be bothered with hundreds of speeding ticket trials every week.
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In the 'burbs, you can plea down. But if you go to Buffalo Traffic Court, the judge explains at the onset that you can not plea down charges. It's either all or nothing. While waiting for my turn, I actually heard one guy successfully argue his case, and it was dismissed. The lady cop was not too happy.
 
'spOOfy said:
'Courtjester said:
It depends on the level of offense.

I have had two tickets in my 25+ years of driving: The first was thrown out immediately because what I did was not illegal and I told that to the officer. He just gave me the ticket to be a jerk.

The second was a rolling through a stop sign ticket and the officer didn't show for trial. Case dismissed.

But the police do show here quite often and it basically is a crap shoot when you set for trial. That being said, you never pay a ticket upfront. It is always worth trying to get it reduced.
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what was this?
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He ticketed me for illegally crossing a railroad crossing.There is basically one way out of my neighborhood and it requires you to cross two sets of RR tracks. For about a week solid the lights would come on without there being a train anywhere near. You have a good 1/2 mile to a mile straight line of sight in both directions to verify this. During this week, the local police would show up and begin to direct traffic.

On this particular day, I approached the gate and the lights are flashing and sure enough, there is an officer standing outside his car right there. I wait and I wait--probably close to 5-7 minutes (I know two songs passed on the radio), traffic is piling up behind me. The road where the tracks are have guard rails on each side so turning around is not possible. The only thing that can happen would be the entire line of cars to back up in unison. I actually have eye contact with the officer and as I drive across the tracks, he jumps in front of my vehicle and pulls me over. Of course when I went, 4-5 cars behind me went as well and he pulled over all the vehicles. So basically instead of directing traffic through the intersection, he was directing traffic over to the side of the road to issue tickets.

He wrote me a ticket for illegally crossing a RR crossing. In the report however, he wrote it up as Defendant illegally crossed a malfunctioning RR crossing.

In my meeting with the City Attorney, he immediately dismissed it because (like a flashing stop light) if a crossing light is not able to perform its designated job, then you treat it somewhat like a 4-way stop and cannot be tickted for going through.

 
When I do favors for family friends, I stop in talk with the SA/Prosecutor and ask them if we can dismiss the ticket, they usually will depending on if the officer is in court. If he is then we set it for hearing and hope on that date the officer does not show up. If they do then negotiate the agreement and the clients pay court costs as it costs the state for the officer being there. Usually $100 or so without the ticket going on their record.

 
'spOOfy said:
I have fought 3 tickets. All 3 times the cop showed. 2 they offered a reduced plea before the judge heard the case. The other was a state cop and offered nothing. I was not disputing that I was speeding in that case, actually, but I was disputing the speed he said I was going which was incorrect (I had my cruise control set so I knew exactly what I was going - 4 miles over speed limit). The judge knocked it down. So, I basically got all 3 knocked down to minor offense by going to court.
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I wouldn't think this would matter whatsoever if you tried to use this as "evidence".....you could have your cruise set for 20 miles over.....see the cop....tap your breaks and set it again when it drops to 4 miles over on the way down....your last "setting" might be 4 miles over (if you were to hit "resume")but this is not proof that you weren't going faster than that when clocked...
 
'Da Guru said:
For DUIs they always show up because it is OT pay. A Michigan State Trooper who played on my hockey team said they get 4 hours of time and a half..or 6 hours of pay just to show for DUI offenses. Even if they are only there for an hour. Good reason to bust people.For traffic tickets I would say it is much less. DUI is a much bigger business.
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This is generally correct. Also, the prosecutor will usually subpoena them - and if they don't abide by the subpoena they are disobeying a court order. So they'll be there. Traffic tickets probably a chance. Any sort of criminal offense though and the cop will show.
 
'bshell27 said:
When I do favors for family friends, I stop in talk with the SA/Prosecutor and ask them if we can dismiss the ticket, they usually will depending on if the officer is in court. If he is then we set it for hearing and hope on that date the officer does not show up. If they do then negotiate the agreement and the clients pay court costs as it costs the state for the officer being there. Usually $100 or so without the ticket going on their record.
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Thanks for letting us in on how corruption works in our court system. :thumbup:
 
'LittleLarry said:
I was late for class so was illegally using the carpool lane in So Cal. I see a motorcycle cop coming up from way behind me. I hurriedly (and illegally) crossed over double yellows to get out of the carpool lane. It was too late, he saw me and pulled me over. Got a $340 ticket for using the carpool lane and a $340 ticket for the illegal lane change. Court day comes and I couldn't really remember what the cop looked like. All I remember is he had a big gut and a big mustache. I show up for court and there are 20 cops waiting to testify. All of them had a big gut and a mustache!The judge started the proceedings and immediately dismissed my case. My cop didn't make it. I danced out of the courtroom feeling like I won the lottery.
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Nice, were you driving a red Corvette?
 
'Zow said:
'Da Guru said:
For DUIs they always show up because it is OT pay. A Michigan State Trooper who played on my hockey team said they get 4 hours of time and a half..or 6 hours of pay just to show for DUI offenses. Even if they are only there for an hour. Good reason to bust people.For traffic tickets I would say it is much less. DUI is a much bigger business.
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This is generally correct. Also, the prosecutor will usually subpoena them - and if they don't abide by the subpoena they are disobeying a court order. So they'll be there. Traffic tickets probably a chance. Any sort of criminal offense though and the cop will show.
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Sounds right. :rolleyes: at DUIs being a "business". Those are the #######s you truly want off the road and who kill people. Not so worried about the guy going 75 in a 65.
 
'cstu said:
'bshell27 said:
When I do favors for family friends, I stop in talk with the SA/Prosecutor and ask them if we can dismiss the ticket, they usually will depending on if the officer is in court. If he is then we set it for hearing and hope on that date the officer does not show up. If they do then negotiate the agreement and the clients pay court costs as it costs the state for the officer being there. Usually $100 or so without the ticket going on their record.
Click to expand...
Thanks for letting us in on how corruption works in our court system. :thumbup:
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How is that corruption?
 
'Zow said:
'cstu said:
'bshell27 said:
When I do favors for family friends, I stop in talk with the SA/Prosecutor and ask them if we can dismiss the ticket, they usually will depending on if the officer is in court. If he is then we set it for hearing and hope on that date the officer does not show up. If they do then negotiate the agreement and the clients pay court costs as it costs the state for the officer being there. Usually $100 or so without the ticket going on their record.
Click to expand...
Thanks for letting us in on how corruption works in our court system. :thumbup:
Click to expand...
How is that corruption?
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It's not corruption is the most serious sense of the word, but it's not a fair playing field between an individual and an attorney trying to work out the same deal with a prosecutor. I wouldn't call the prosecutor corrupt for making the deals but rather blame the system which is by nature corrupt (i.e. lacking integrity in how insiders are treated compared to outsiders).
 
In NC all court dates are scheduled for the officers to be there. One time I had to reschedule a court date out of town, and the DA's office gave me a wrong date. After waiting all day, when the judge found out he threw the case out--never seen a DA so hot!!

For 15 years running my own business I was averaging 150-200k miles/year. And almost one speeding ticket/year. At one point the judge called me "an habitual". He still gave me the reduced charge I asked for--but court costs for that one were tripled. My routine was to ask the DA before court to reduce the charge to a one pointer every other year, and every other other year I'd ask for a PJC. In NC you can carry one point without insurance consequences, and that's the larger cost burden imo.

 
Got a ticket for having my bright lights on in the Twin Cities. Go to court to fight the $15 ticket. Cop and I were making left hand turns against each other, and he was giving me a lecture of how the head lights were so bright he couldn't see if there were any oncoming cars...but he went ahead and made his left turn while I was still waiting. First trip to court (everyone else is getting charged for DUI, etc) and judge calls me up "You are charged with driving with your bright lights on". I ask for a continuance (expecting the cop to show up at the next appearance). I just wanted the cop to explain in court how he told me he couldn't see any oncoming cars but still turned in front of me anyway. Second trip to court (I'm representing my self with some help from my dad), I ask for another continuance because the cop didn't show up. The judge asked me why I wanted to keep going with this and and I explained I wanted the cop to explain his story. Judge says we have everything on the back of the ticket here. I asked if it explained him making the turn when he couldn't tell if there were any oncoming traffice? Judge said no. I said, then I would like another continuance. Judge allowed it. After we exit the court room, city attorney comes up to me and begs be to just pay the ticket. I looked at my dad and the city attorney says he can't advise you, he isn't an attorney. I looked at the city attorney and asked "Should I follow your excellent advice and just pay the ticket?" He kept pleaing it was only $15. I said if it is so nominal lets just all drop it. I ended up paying it because I was going to school about an hour away. I regret it now not taking it farther.

 
We'll find out June 21 when I have my court date. I went for arraignment today for failure to stop at a stop sign and plead not guilty. I have absolutely no case but I'm going to see if the cop shows up.

 
cstu said:
We'll find out June 21 when I have my court date. I went for arraignment today for failure to stop at a stop sign and plead not guilty. I have absolutely no case but I'm going to see if the cop shows up.
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I wasn't able to go to court that day and had to pay the ticket.

However, my wife got two tickets in the span of a week and I convinced her to fight them. The first one the cop showed up and she lost (pleaded guilty) but the other she showed up and the court had failed to contract the cop so she didn't have to pay (actually a refund because you have to pay first to see a judge, nice eh?).

 
Thanks for the update ;)

I had two tickets in 2014. One officer showed for court, I pleaded no contest, got a 90 day deferral and court costs (talking on cell phone). The other officer didn't show, got dismissed (10 mph over in construction zone at midnight on interstate, #######).

 
The one time the officer didn't show the sequence went something like this.

My lawyer asked for a continuance (delay) and also asked for an evening date (this one had been during day) or maybe it was vice versa - anyone he asked for a different time of day. At the later date, the officer did not show up. Case dismissed.

-QG

 
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