Officer No-shows = Case dismissed? Is this true, fact?

My question involves traffic court in the State of: CA

So I've got an HOV lane violation ticket from way back in February that I've been able to delay and reschedule for 8 months.

My court date is approaching. So we've all heard the rumors about case dismissed if the officer no-shows. Is this an urban legend or is it 100% fact? If he does no-show, do I need to say anything or testify or is that the end of it?

surfer349 said:

My question involves traffic court in the State of: CA

So I've got an HOV lane violation ticket from way back in February that I've been able to delay and reschedule for 8 months.

My court date is approaching. So we've all heard the rumors about case dismissed if the officer no-shows. Is this an urban legend or is it 100% fact? If he does no-show, do I need to say anything or testify or is that the end of it?

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It can and often does happen that way, but sometimes it does not. In some cases, you can make a motion to dismiss, but there will not always be an available moment for you as the defendant and a party to the action to make such a motion.

So it looks like you're pretty knowledgeable. Can you give me any idea of the order of events or specific, legal phrases I/defendant should say?

I've never been to a court, so how does this work? Do I wait for my case to be called, then the Judge calls around the room to see if the officer is there? If not, then the judge dismisses or do I need to say that?

You said there might not be a chance for me to make that motion. What does that mean? Like I wouldn't be allowed to say anything? Can the case proceed and and be run by the judge if the officer is not present? Can any other officer in the room take over or does it have to be the citing officer?

surfer349 said:

So it looks like you're pretty knowledgeable. Can you give me any idea of the order of events or specific, legal phrases I/defendant should say?

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As I am usually on the other side of the issue, and courts tend to vary, I can't say for sure how to best handle it at your local court. Your odds are better if the officer fails to show AND does not give prior knowledge to the court. I have seen some instances where the court calls each individual by name to inform them of the continuance if the matter is not dismissed. I suspect that it would be at that moment you could politely ask the court if you could make a motion to dismiss the matter.

Others here might have better specifics.

I've never been to a court, so how does this work? Do I wait for my case to be called, then the Judge calls around the room to see if the officer is there? If not, then the judge dismisses or do I need to say that?

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Courts vary, but typically the calendar will be called and the court will find whether or not the defendant and the officer is present. The court will then
acknowledge the fact that many people are there to see if the officer shows and will ask if anyone wants to take advantage of traffic school if they are eligible as the option may not be available after trial should they take the stand at trial.

You said there might not be a chance for me to make that motion. What does that mean? Like I wouldn't be allowed to say anything? Can the case proceed and and be run by the judge if the officer is not present? Can any other officer in the room take over or does it have to be the citing officer?

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If the court just says the matter is continued and quickly moves on, you might have no easy or obvious moment to make the motion.

And if the officer is not present as a witness, there would be nothing to present to show that you committed the crime so I cannot imagine the matter could possibly go on without the officer.

Keep in mind that if you have not entered a plea (by appearing in front of the judge and pleading "not guilty" (this is called your "arraignment")) or if you have not requested a trial date from the clerk, the officer is not required to be there for the first appearance (the "arraignment"). The officer is only required to appear on the date your case is scheduled for trial.

With that being said, your building your hopes up on a something (the officer not appearing for trial) that happens less often than you think. MOST officers show up for trial MOST of the time... And by the way, your delaying the inevitable by requesting extension after extension, has no bearing or effect on whether the officer will appear or not. He'll still get the same notice requiring him to appear regardless of whether you've requested any extensions or not.

Lastly, you should also know that if you intend on appearing at your arraignment, pleading "not guilty" and requesting a trial date, MOST courts will require to post bail in an amount equal to the fine amount for the alleged violation you were cited for. So in your case, and in light of the fact that you were cited for an HOV lane violation, you're looking at an approximate bail amount of $446 that you'll have to post up front before a court trial is scheduled for your case. (Yes, the amount is refunded to you if the case is dismissed or if you are found "not guilty").

Good luck!

My CHP friend LOVES going to court - it's o/t.

In theory, if the officer fails to appear on the hearing date, the case should be dismissed, although you may have to ask for it. However, I have seen, on multiple occasions, the judge adjourn the case sua sponte when the officer doesn't appear. You can (should?) make a stink about it if that's what happens as it is rather unfair. (Had the roles been reversed and it was YOU who failed to appear, what are the odds the court would adjourn the case when the officer was present? Slightly less than zero I would wager).

You Are Guilty said:

(Had the roles been reversed and it was YOU who failed to appear, what are the odds the court would adjourn the case when the officer was present? Slightly less than zero I would wager).

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It's not quite the same thing. If the officer fails to appear, it's a WITNESS failing to appear. If YOU fail to appear, it's a party to the matter failing to appear

Zigner said:

My CHP friend LOVES going to court - it's o/t.

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As my cop friend used to call it...dollars for collars.

well, I got this ticket back in february. First thing I did was ask for a couple extensions, then submitted a written not guilty plea and a tbd request. OH yea, and wrote a $450 check too..

I don't know what happened but I never received any letters at all ever. I only know about the court date by logging in to the website.

Its in the LA courts, so I think w/ the budget cuts, they are really unorganized. There's noone to even answer the phones.

I'm a bit confused about what's going on, but I figure I'll just show up

As soon as your name is announced and the officer is not there at that point that it is determined that he is a "no-show", I would say the words--- YOUR HONOR, I MOVE THE COURT TO DISMISS THE CHARGES DUE TO LACK OF A PROSECUTING WITNESS". I have yet to see such motion denied.

surfer349 said:

well, I got this ticket back in february. First thing I did was ask for a couple extensions, then submitted a written not guilty plea and a tbd request.

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Well, if you submitted a TBD request, why are you planning on going to court while expecting the officer to be there (actually, hoping he wouldn't appear)???

How long ago did you submit your plea/TBD request?

Trickster said:

As soon as your name is announced and the officer is not there at that point that it is determined that he is a "no-show", I would say the words--- YOUR HONOR, I MOVE THE COURT TO DISMISS THE CHARGES DUE TO LACK OF A PROSECUTING WITNESS". I have yet to see such motion denied.

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How often are you IN traffic court?

Zigner said:

It's not quite the same thing. If the officer fails to appear, it's a WITNESS failing to appear. If YOU fail to appear, it's a party to the matter failing to appear

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Lol!! I remember THAT conversation!

"is not a witness, he's the complaintant", "is not!", "is too!".

ok, so I am really confused here as to what is happening or what do to going forward.

So I sat in court (metropolitan LA) for a few hours this morning waiting. Finally, the officer going through everyone's file called me up saying that there has not been a decision made on this case yet and they would mail me the decision whenever they made it....wtf?

SO I mailed them a TBD request more than 3 months ago along with the $450 bail check. No one answers the phone at the court and there is absolutely zero chance of ever speaking to a real person on the phone. The website is even ****tier. All it says for my citation is "Court Date 10/20/10."

Why is the website saying I have a court date when I filed a TBD request? Isn't there some sort of statute of limitations or a requirement to a speedy trial?

Do I have any options here? A similar thing happened to a parking ticket I contested with the City of LA. Literally, 11 months went by before they finally mailed a decision on the parking ticket.