If the officer doesn't show in court, do you win?

[volvos40]

What is the name of your state?
Pennsylvania

If the officer doesn't show in court, do you win? I've heard this before and tried it on the last ticket, but it didn't work. I'm not sure whether they took advantage of me, but after waiting 30 minutes in court I was told the officer "had a family emergency" and wasn't coming. They offered to drop the points and pay a fine or reschedule the court date- I choose to just pay the fine. Should I have challenged them further?

[Maestro64]

here is the PA rule on if the Officer is a no Show

Pa.R.Crim.P. 83(b) states: "... in all summary cases arising under the Motor Vehicle Code or local traffic ordinances, the law enforcement officer observing the defendant's alleged offense may, but shall not be required to, appear and testify against the defendant. In no event shall the failure of the law enforcement officer to appear, by itself, be a basis for dismissal of the charges against defendant.

Here is more information on Rule 454 Summary Trails

[url]http://www.pacode.com/secure/data/234/chapter4/s454.html[/url]

You can always object and try to use this information

In appeals from summary proceedings arising under the Vehicle Code or local traffic ordinances, other than parking offenses, the law enforcement officer who observed the alleged offense must appear and testify. The failure of a law enforcement officer to appear and testify shall result in the dismissal of the charges unless:

(1) the defendant waives the presence of the law enforcement officer in open court on the record;

(2) the defendant waives the presence of the law enforcement officer by filing a written waiver signed by the defendant and defense counsel, or the defendant if proceeding pro se, with the clerk of courts; or

(3) the trial judge determines that good cause exists for the law enforcement officer’s unavailability and grants a continuance.

It is item 3 you have to attack since this is what they used, because I doubt you would waive your rights. And the officer being on vacation is not valid since the court is required to schedule the hearing when the officer is available. Most time the court has no idea why the officer is no show, some times officer calls in and say they are on a call, if that happen their is record of that and you ask to see that record. I would make them prove to you that officer is not there for a valid reason do not take their word for it since they do not take your word as truth.

If you want more information on fighting tickets in PA, PM me here by clicking on my name

[Zigner]

Originally Posted by Maestro64

It is item 3 you have to attack since this is what they used, because I doubt you would waive your rights. And the officer being on vacation is not valid since the court is required to schedule the hearing when the officer is available. Most time the court has no idea why the officer is no show, some times officer calls in and say they are on a call, if that happen their is record of that and you ask to see that record.

Did you READ the post? The court was notified that the officer had a "family emergency". The court found that to be a valid reason to reschedule the hearing.
Who said ANYTHING about a "vacation"?

I think the OP made a very wise choice.

[Maestro64]

You can also attempt to use this case law, it only allow for you waiving your right and in this case the officer claimed a family emergency and also being on vacation.

In Commonwealth v. Hightower 438 Pa. Super. 400 652 A.2d 873, (1995) In appeals from summary proceedings arising under the Motor Vehicle Code (Title 75 of Pennsylvania Consolidated Statutes) or local traffic ordinances, other than parking offenses, the law enforcement officer who observed the alleged offense must appear and testify. Unless the presence of the law enforcement officer is waived in open court by the defendant, the failure of the officer to appear and testify shall result in a dismissal of the charges.

That is a long shot, because there is no rules or guidelines for the initial summary hearing, these are for appeals and the local magistrates tend to use these rule due to lack of guidance otherwise.

But you can also try this one

[url]http://members.aol.com/StatutesP1/42PA5553.html[/url]

They have 30 days to hold the hearing, so if the officer is not there you could trying arguing they are in violation of the about statue.

The down side to this, is the judge could order you to sit there all day until the officer shows or have you come back each day until he does show.

It could be worth your time to move ahead without the officer and argue for a dismissal due to lack of evidence, because there is a number of things the state must show in addition to the ticket to up hold a conviction and since the officer is not there to put this evidence forward, they can not uphold the citation.

Obviously the more you know about your rights the better you can do in situations like this.

I beat a ticket because two of the 3 officers did not show and the try pulling the continuance card and it argue against it and the judge agreed. and dismissed due to lack of evidence.

[Zigner]

Maestro -

Please tell me how our OP could use ANY of the information you have posted to get out of his ticket...

The court confirmed that the officer had a family emergency and offered to reschedule the case. Our OP chose to pay the fine and incur no points instead.


If you can't read the post, then don't respond.