A park ranger cited my nephew (16 yo) for speeding and cited him for 35+ mph in a 15 mph. The park ranger did not show up nor did he call in to let the court know he couldn't attend. The judge, citing the age of my nephew and the alleged seriousness of the violation, refused to dismiss the case and continued it. Is that an abuse of discretion?
You could speak to an attorney in your are that handles traffic cases and see what there experience is with this judge and this agency, but it is difficult to prove abuse of discretion.
The rules in juvenile court are a bit different than adult court- yet this does not sound right. If this matter was set for trial it should have been dismissed. Get an attorney to deal with this for next hearing.
ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY
NO, it's not an abuse of discretion, but you should get a lawyer involved. Your nephew is not fairing well without one.
San Diego Criminal Defense Attorney--20 years experience--Free Consultations
I agree with all my colleagues - you should consult with a local experienced attorney. The judge should have dismissed the case if it was set for a trial and the officer did not appear.
This is why having an attorney is important. It might be a tad late now, but better late than never. Get a lawyer and have them address this issue with the judge. There are several issues worth addressing.
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