Legal Question in Traffic Law in New York

Officer did not show in court

At a Green Island NY court, an officer who gave me a speeding ticket did not show in court. I traveled 7 hours to have the judge reschedule the court date. The question is was I entitled to have the matter dismissed because of his no-show? If I was entitled to a dismissal, how do I know get it changed since the court date has been rescheduled.


Asked on 12/26/03, 1:13 pm

2 Answers from Attorneys
Robert Evans Robert S. Evans esq.

Re: Officer did not show in court

It is not mandatory for the Judge to dismiss the summons on the first appearance date for non appearance by the officer. However it might be possible for you to appear by affidavit in lieu of a personal appearance.

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Answered on 1/04/04, 12:27 pm
Robert R. Groezinger GroezingerLaw P.C.

Re: Officer did not show in court

each Court is different... in some, the officer no show gets you a dismissal. In others, well, you see.

Depending on what the ticket is for, it might pay for you to hire a lawyer and not have to go using an affidavit of non-appearance.

Is your time worth 7 hours?

Good Luck

RRG

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Answered on 12/26/03, 2:09 pm


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