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Fighting a Traffic Ticket in Court - UPDATE: I WON!!!!!!!!!!!

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shardian:

--- Quote from: Jdurg on January 31, 2008, 02:27:55 pm ---The basis of it is that if you show up and the cop doesn't, whatever you state under oath becomes the only evidence in the case and you can refute anything and everything the cop has in his "notes" and it will become valid evidence.  As a result, most courts don't want to waste the time of actually having to hold the trial if the officer doesn't show up so they just rule in favor of the defendant to save themselves time.

--- End quote ---

I still don't buy this. A cop's notes and observations are legal evidence. They don't need to be there to make their statement "official". A judge would more often than not take ANY report of an officer of the law as fact before any "opinion" of an offender saying whatever they have to in order to get out of a $100 fine.

Judges wishing to save time, push you out the door - I buy that. They can make up their mind pretty quick if you are there just to weasel out, or if you legitimately feel you didn't deserve a ticket.

ahofle:
They don't have to show up to arraignments (the initial court proceeding where 99% of cases are closed).  They only have to show up if you plead not guilty and schedule a trial by jury or trial by court.  They are basically the only prosecution witness.  You couldn't have a murder trial for example using only some notes from some guy who saw the thing.

ChadTower:

--- Quote from: ahofle on January 31, 2008, 02:58:30 pm ---You couldn't have a murder trial for example using only some notes from some guy who saw the thing.

--- End quote ---


Yeah, eff written depositions.   :)

ahofle:
You still have to show up to court if you give a written deposition the vast majority of the time.  Also, officer notes on the back of your traffic summons hardly counts as a written deposition (would the defense attorney question the piece of paper at the trial?), so that would make the process even more lengthy and expensive than having the cop show up for 15 minutes at the trial.

shmokes:
Sixth Amendment:

    * Sixth Amendment – Trial by jury and other rights of the accused.

    In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.   (Emphasis added)

I believe this is why cases are typically dismissed if the cop does not show up to trial. 

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