if cop can’t be present at trial date and seeks a continuance,can u the defendant object, and ask the Judge and for a dismissal of the ticket,if you are present at trial date?
Let me put it this way….if YOU needed a continuance, asked the court for one and was granted one, would you think it fair if you were found guilty in your absence?
4 comments
Comment by Kimberly H on December 20, 2009 at 4:09 pm
Let me put it this way….if YOU needed a continuance, asked the court for one and was granted one, would you think it fair if you were found guilty in your absence?
References :
Comment by Mr.NastytheLickmaster on December 20, 2009 at 4:55 pm
in most states yes, unless the police is in hospital .
References :
Comment by Manda on December 20, 2009 at 5:43 pm
You can object and ask for a dismissal. It is up to the Judge whether or not that happens, though. If the violation was severe enough that he thinks it warrants a continuance you may find yourself back in court. If it was something minor you may get lucky and have it thrown out.
References :
Been there done that.
Comment by out2lunch4now2 on December 20, 2009 at 6:04 pm
The cop wouldn’t ask for a continuance, the prosecutor would. That being straightened out, the dismissal decision would be up to the judge based on circumstances, but you can ask for anything you want.
References :
My ticket was dismissed after I travelled 225 miles to court and the cop wasn’t there. The prosecutor’s request for a continuance was denied and my motion to dismiss was granted.