Speeding:Kennedy, NY Officer failed to appear

[Jim2005]

What is the name of your state? NY

Hi...My girlfriend recieved a speeding ticket on I-86 in Kennedy, NY 83/65.
She had a court date last Tuesday and was there on time, but the ticketing officer (NYS Trooper) did not show. Am I mistaken that the ticket should have been dismissed due to the no-show of the officer? I know that in Buffalo that is the case. Does each jurisdiction set its own policy regarding this? She is scheduled to re-appear tonight 7/27. Thanks

[You Are Guilty]

Some courts permit (force) at least one adjournment if the officer does not appear. If they try to do it again, I'd argue the state has failed to prove it's case.

[Jim2005]

Thanks YAG. I did a little checking and it seems that it is up to each court on how to handle this type of thing. According to NYS DMV all cases heard in front of Adm Law Judges in NY if the officer does not show on the first time ...case dismissed. This ticket was written in a small town and they give the officer 2 chances to show up. Can you say revenue generation???

[You Are Guilty]

Of course. Tickets are the primary source of income for many of those podunk towns up there. However, not all tickets are heard in front of an ALJ. Even here in NYC, it differs by county. Which is a good thing, since you can work around the court system if need be. If you have an ALJ, you're caught in the DMV's own quasi-judicial system, which is truly amazing for its ability to be the only place in NY where the written laws of the State cease to apply. It's really a miracle of physics.

[Jim2005]

The officer did not show again. I mentioned this to the Judge and she keeps saying that this was the first apperance...(it was the 2nd !?#@). It was like the old "who's on first" bit. Long story short...My G-friend pled guilty to 75/65 $100 to Uncle George and 3 points.

Get this.... I'm on the thruway(90) yesterday near Buffalo and they have a helicopter doing traffic monitoring with a 4 car rat pack. Nothing like cost effective enforcement. Thanks for your opinion YAG..have a good weekend.