Judge doesn't show up for court!

What is the name of your state? New York, Onondaga County

My son was issued a speeding ticket in a small town 75 miles from home. He drove the 75 miles (1 -1/2 hours) in order to appear at 7:00PM as instructed. After he got there, he was told to write his name down and then was told that the Judge couldn't make it. When my son arrived home earlier than expected, I was shocked. Gasoline is $2.20 a gallon and he spent 3 hours on the road needlessly. Now I know that when the ticketing officer doesn't show up that the charges are dismissed. Is that possible too when the judge doesn't show up?

Thank you

[I AM ALWAYS LIABLE]

Originally Posted by Alexpro

What is the name of your state? New York, Onondaga County

My son was issued a speeding ticket in a small town 75 miles from home. He drove the 75 miles (1 -1/2 hours) in order to appear at 7:00PM as instructed. After he got there, he was told to write his name down and then was told that the Judge couldn't make it. When my son arrived home earlier than expected, I was shocked. Gasoline is $2.20 a gallon and he spent 3 hours on the road needlessly. Now I know that when the ticketing officer doesn't show up that the charges are dismissed. Is that possible too when the judge doesn't show up?

Thank you

My response:

Now, he doesn't have to appear. He did once, and that's enough - - but, when gas prices fall back to $1.25, then he MUST appear again.

IAAL

The person that had my son sign in was given a new date and time to appear. Do I send a letter to the judge or court stating that since he already appeared that he will no longer appear? I don't want to risk my son getting arrested. What is the proper way of handling this?

Thanks

[I AM ALWAYS LIABLE]

Originally Posted by Alexpro

The person that had my son sign in was given a new date and time to appear. Do I send a letter to the judge or court stating that since he already appeared that he will no longer appear? I don't want to risk my son getting arrested. What is the proper way of handling this?

Thanks

My response:

Ma'am, I was just kidding with you. I thought that was obvious. It's just that you made such an argument about the price of gas, that I thought I would capitalize on that. It was just a bit of whimsy.

Anyway, I'm sure the judge had an emergency, and his absence couldn't be helped. But, your son WILL appear in court again, as directed and instructed.

No, the case cannot be dismissed when the judge is absent. Your son's case was merely continued, and your son's wasted trip can be filed under "that's what I get for violating the law".

Cases can only be dismissed if, AT TRIAL, the complaining witness (the cop) doesn't show up. Your son is going, first, to a "preliminary hearing". That's where he either pleads guilty and pay his fine, etc., or he pleads innocent and he gets scheduled for a trial date (that's when the cop is supposed to show up). Without a complaining witness, the judge can either re-set the trial date, or he can dismiss the case.

Remember, it's the "judge's room", and the judge can do damn near anything he wants - - even be late or absent. Your son just has to "suck it up".

IAAL

Thank you for clearing things up. I actually read your first reply 4 times because I wasn't sure if you were serious or joking. I finally decided that your comment about the $1.25/ gallon was a way of saying prices will never get back down to that level. Thanks again.