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If you go to court and police officer isnt there can u have case thrown out ???

Scituate, MA |

I got pulled over by stae policeman .for insurance and reg problems... the day of court a DA spoke with me very briefly ....I agreed to a fine if that was it and he promised me it was...a few days later I reseaved something from reg about suspended lic.. I would of never agreed if I had known and maybe fought it..

Attorney Answers 2

  1. For traffic citations, if you lose at the clerk's hearing level and appeal it to a judge, the officer who issued the citation will have to appear at the judge appeal or else you will be found not responsible. When charged with a crime, however, the non-appearance of the officer at court events other than the trial itself does not result in a dismissal of the charges. It is a common misconception that the police officer (or the alleged victim, or all the witnesses) have to show up at court whenever the defendant shows up or else the charges will get dismissed. Not true.

    It sounds like you were charged with unregistered MV and uninsured MV, and when you showed up in court, you waived counsel and spoke with the prosecutor. If the prosecutor agreed to dismiss the charges upon the payment of a fine, then once you paid the fine, the charges should have been dismissed and no criminal conviction should have occurred, and no loss of license would have been triggered by the dismissal.

    If you plead guilty to the crime of uninsured MV, however, then the RMV would suspend your license for 60 days. Perhaps that is what happened in your case. The problem with waiving counsel and trying to resolve the case directly with the prosecutor is that the prosecutor may not inform you of the collateral consequences of a guilty plea. One way to tell if the matter was dismissed or if you plead guilty to it is if the judge went through a plea colloquy with you, where you were asked questions to determine if you were making your admission freely and voluntarily, whether you were under the influence of drugs or alcohol, and whether the facts alleged by the prosecutor were true. If you were asked these questions, the charges were not dismissed and you plead out to the crime.

    It is also possible that your license was suspended for reasons independent of what occurred in court, for example failure to pay parking tickets. Read the letter from the RMV carefully; it will state the reasons for the license suspension.

    A quick review of the court docket by an attorney can determine if you plead guilty or not. If you were duped into pleading guilty, there are ways to undo the plea.

    Best of luck

    Dominic Pang (617.538.1127)

  2. you can't get a better answer than my collegue gave you. The botttom line is that you probably couldn't have got a better deal anyhow, but it does depend on how you closed the court case, if it was dismissed, then it doesn't get any better, if you plead to something well the odd that triggered a registry letter so quickly are small but possible. good luck and take care.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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