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Old 04-29-2009, 12:26 AM   #1
Shroomster
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Camell can you show me where it says the case is thrown out because the officer doesn't show up?

the ticket acts as the officer's statement of the event, it's irrelevant whether the officer appears in court or not, mainly for the reasons of being a character and eye witness only.

just questioning this, as it varies state to state and I've read no where in any state's court room procedures (regarding traffic infractions) that the issuing officer needs to be present.
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Old 04-29-2009, 02:20 AM   #2
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Quote:
Originally Posted by Shroomster View Post
Camell can you show me where it says the case is thrown out because the officer doesn't show up?

the ticket acts as the officer's statement of the event, it's irrelevant whether the officer appears in court or not, mainly for the reasons of being a character and eye witness only.

just questioning this, as it varies state to state and I've read no where in any state's court room procedures (regarding traffic infractions) that the issuing officer needs to be present.
In the great state of Texas AND the state of Washington, the officer has to be there if you fight the ticket, or it is dismissed. That is part of the civil law to protect the innocent from being judged wrong. It happened to me when I first got my first car (10 years ago). I was in a minor accident, and was ticketed for a non-moving violation. Officer didn't show, and they dismissed the ticket. I was dumb enough to ask the judge why, and he explained that if the officer isn't there to defend the ticket, himself, and his jurisdiction, it is automatically thrown out.
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