Does the police officer who issued the ticket have to be present in court when fighting the ticket?
Bethpage, NY |
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?
Based upon the unfortunate circumstances it is likely that the ticket will be dismissed.
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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.
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.