If you choose to fight your traffic ticket in court, most people seem to believe that if the officer who cited you for a traffic violation fails to show up in court, your case will be automatically dismissed. As a New Jersey traffic ticket attorney familiar with these matters, I can tell you: It’s not so automatic.
The first point to note is that the judge has wide discretion in the manner in which he or she rules the courtroom. There is no New Jersey law that states specifically what will happen if the officer does not show up.
The officer may have informed the court that he or she cannot be present. If so, the judge will almost certainly set a new trial date.
Judges also have a preference for trials to be decided on the merits of the case. This means a judge wants to hear evidence both from the officer and from you and make a ruling based upon that. The judge does not want to dismiss a case because one party did not appear.
Another factor is the nature of the charges against you. Specifically, is there any documented evidence against you? For instance, if you were cited for speeding and there is a radar printout that shows a speed above the posted limit, the judge may proceed with the trial on that basis alone.
If you have appeared twice and the officer has failed to show up twice, and the court still will not dismiss your case, but you may be able to compel the court to make a decision. Under such circumstances, you may ask the court to set a certain date at which time the case must be either tried or dismissed.
This is a request you may make on your own, but in reality the judge will be much more receptive to the request if made by a New Jersey traffic Lawyer.
