S it true that if the police officer does not show up for court for your traffic violation that your case is dismissed

Asked over 5 years ago - Houston, TX

Is it true that if the police officer does not show up for court for your traffic violation (no accident), that your case is dismissed?

Attorney answers (2)

  1. John M. Kaman

    Pro

    Contributor Level 20

    1

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    chosen by asker

    Answered . Yes it's true. Some police officer must show up to testify. If you got one of those red light photo tickets they have to have a cop show up to testify to the functioning of the device at the time of the incident. If no one shows up charges must be dropped.

  2. Alan James Brinkmeier

    Contributor Level 20

    Answered . Yes, it is true your case can be dismissed. The government bears the burden of proof in a traffic citation situation against you just like any other case. Without the evidence available to establish the elements necessary against you, the case cannot prevail.

    Negotiating a good resolution given the circumstances of your case will take an attorney familiar with the policies and procedures of the court where the matter is pending. Use the fact that this is your first ticket in over a decade to your advantage.

    It may be worth your while to consult with a traffic attorney familiar with the judges and practices in the court where you received the ticket to explore your options.

    Check with a lawyer in your locale to discuss more of the details.

    Good luck to you.

    God bless.

    NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

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