Cases are not automatically dismissed due to the non-appearance of a State's witness (even the second time). Frankly, because your case involves a minor moving violation I would like to think that the inconvenience of your having to appear twice would be sufficient penalty in and of itself. Having said that, there are a number of reasons why postponing your case a second time could be justified. Perhaps the violation resulted in an accident, and the judge wants to hear from the officer whether anyone was seriously injured. Another reason could be that the officer felt you were uncooperative at the scene of the incident, and entered some handwritten notes to that effect on the back of the original summons. The reason could also be something as simple as a directive from the Administrative Office of the Courts dictating the proper protocol here. If I were you, I would hang in there one more time. (You don't have much choice now, anyway.) If the officer fails to appear at the next hearing, I would ask for a dismissal. If the judge still refuses, and wants to reschedule the case again, request that the matter be marked "Try or Dismiss" on the next court date. Good luck!
If you find my answer helpful, please click the ‘thumbs-up” tab below. Thank you.
THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction.