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Does the police officer who issued the ticket have to be present in court when fighting the ticket?

Bethpage, NY |
Filed under: Speeding tickets

After I sent in my not guilty plea, a few days later I read in the newspaper that the police officer that issued me my ticket was struck by a car and passed away. How will this affect me when I show up to the courts?

Attorney Answers 5

Posted

It should lead to a dismissal as he has to be able to testify against you.

I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

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Posted

Based upon the unfortunate circumstances it is likely that the ticket will be dismissed.

This communication is neither a solicitation nor an offer to represent you. The information provided to you in this communication is not intended to create and does not create a lawyer-client relationship with the Law Office of Daniel A. Jimenez P.C.

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Posted

The ticket should be dismissed. If it's in Nassau, they will offer you a parking ticket rather than proceeding with a trial they cannot win.

If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - Jgold@goldbenes.com

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1 comment

Michael J Palumbo

Michael J Palumbo

Posted

In this case it's a crime to so much as offer a parking ticket the ticket is for all intensive purposes null and void. If they make you show up why take a parking ticket have some fun and throw it in the court's face that they have to dismiss. I cannot stand the arrogance of so many justice courts.

Posted

In the criminal/traffic court they would have to dismiss it as they can't take you to trial.
If you got any administrative offenses such as refusing a chemical test they can find you quilt in a administrative law hearing using the tickets alone. However I don't hear that is what you are facing.

This is not legal advice. If order to give you legal advice i would need to see the Tickets and talk to the court first. Good luck:)

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Posted

I just wrapped up a case in the North Hills Village Court where it was the same cop - Joseph P. Olivieri - who wrote the ticket for my client. So I called the court and asked them for a letter of dismissal and wow, they are an arrogant bunch. The clerk, in her most nasty tone, told me that we would have to appear or else they would suspend my client's license. Then, when we went to court the prosecutor started in with his plea routine. I said "you're kidding, right?" ALL of those tickets should have been dismissed sue sponte by the court! So when I made my formal application I said it very loud so that all of the civilians without the insight to retain counsel heard that this officer had died and that their ticket had to be dismissed rather than accept a plea deal. It probably did not work, civilians in traffic court are like sheeps being led to slaughter. This is why you need an attorney in traffic court. But for you, if it is not the North Hills Village Court call them and they will probably send a letter of dismissal. Even if it is North Hills call them and if they make you come in tell them that if they inconvenience you to that degree you are going to get their early and tell everyone to check their tickets and if Joseph P. Olivieri wrote the ticket they cannot prosecute it and the judge must dismiss it.

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Jeffrey Bruce Gold

Jeffrey Bruce Gold

Posted

I fully agree with Mr. Palumbo's approach, however, if you are not represented, you will be treated rather shabbily and pushed to the end of the line, and it will take you several hours to get out of Nassau as well as some of the justice courts. You need to determine if the time fighting the ticket is worth the $90 or less you'll pay for the ticket. If you want to get out as quickly as possible, tell the attorney handling the case for the traffic court that you'll plead to a $5 meter violation, which with surcharges is $45. You'll likely get it. I was at Traffic Court yesterday to handle my wife's ticket and my son's, and it was unbelievable how many speedings they were knocking down to parking tickets which is unusual. I assume now that they were Olivieri's tickets.

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