Traffic Court QUestion - NJ

[TheNJBen]

What is the name of your state (only U.S. law)? NJ

Hello. My wife went to court today for her cell phone ticket. She called in weeks ago to plead not guilty and was given a court date in an official legal notice. She showed up to court today for her trial and the officer was non on duty and did not show up. She filed a motion to dismiss, but the judge just rescheduled for another day she will have to take off of work and told her "we can't have all officers on duty every day." I know the usual is to dismiss, especially when you call to intend to plead not guilty. I also do not like the judge's comments. Is there any recourse or just keeping showing up until the officer decides to come?

 

[Maestro64]

What is the name of your state (only U.S. law)? NJ

Hello. My wife went to court today for her cell phone ticket. She called in weeks ago to plead not guilty and was given a court date in an official legal notice. She showed up to court today for her trial and the officer was non on duty and did not show up. She filed a motion to dismiss, but the judge just rescheduled for another day she will have to take off of work and told her "we can't have all officers on duty every day." I know the usual is to dismiss, especially when you call to intend to plead not guilty. I also do not like the judge's comments. Is there any recourse or just keeping showing up until the officer decides to come?

Actually in NJ this is standard practice, and if you represent yourself and do not know the specific rules the judge will rail road you like this.

I am even aware of a case where the officer retired between the ticket and the hearing and the judge basically told the guy either pay or he will reschedule the hearing until he pays or the officer shows. The Officer had no plans on showing either and the guy made 5 trips to the court.

If he had hired a lawyer the lawyer could have gotten it tossed buy the guy was to arrogant.

 

[TheNJBen]

I know it is the standard practice and she tried to argue that but the judge would not listen. At this point, is there anything I can do. I am not going to hire a lawyer for a 100 dollar no point ticket, but are those rules written anywhere to cite them? Is there a way to ask for a reconsideration of his ruling?

 

[Maestro64]

I know it is the standard practice and she tried to argue that but the judge would not listen. At this point, is there anything I can do. I am not going to hire a lawyer for a 100 dollar no point ticket, but are those rules written anywhere to cite them? Is there a way to ask for a reconsideration of his ruling?

Yes NJ most likely has the rules about due process and witnesses being available and who has the right to request a continuance.

I am not familiar with NJ court rules, however, the right to a continuance is the issue, the state has to make the motion for a continuance and since the state was not represented then the judge can not automatically grant a continuance, usually both parties must agree to a continuance, however, if the judge feel that justice is better served by having a continuance then be my over ride any objections that either party may have.

Once the judge makes his ruling there is not a whole lot you can do after the fact.

The problem is the court assume you understand the laws and rules when you walk in and if you do not object on the correct grounds they assume you do it knowingly. Ideally the judge assumes this because they are not allow to help either side, in reality your ticket pays his salary so he more interest in you paying verse making sure your rights are preserved.

A truly fair judge would hold the state to the same standard as your wife, meaning if she was a no show she would be guilty and no second chance. However, that is not how they work, arguable when dates are set the courts contact the barrack the officer works from to find out their schedule and only schedule dates they are available. In may locations Police are paid over time to show up in court so even if it is their day off it worth extra money to show up in court.