If a police officer fails to appear on your court date, is the traffic ticket automatically dismissed?
Posted in: Traffic Offenses Discussed |July 5, 2012 , |
What happens if a New Jersey state police officer or local police officer fails to show up on your scheduled court date. It is not uncommon for municipal courts, such as Elizabeth, Cranford, Kearny, Union, Rahway, Linden, Newark to give you a court date without requesting the issuing officer to appear.
Dismissal of charges are goverened by Rule 7:8-5 titled "Dismissal" which states:
If the complaint is not moved on the day for trial, the court may direct that it be heard on a specified return date and a notice thereof be served on the complaining witness, all defendants and all other known witnesses. If the complaint is not moved on that date, the court may order the complaint dismissed. A complaint may also be dismissed by the court for good cause at any time on its own motion, on the motion of the State, county or municipality or on defendant's motion. Upon dismissal, any warrant issued shall be recalled."
As indicated in R. 7:8-5 a municipal court judge will entertain a request to dismiss if your case was scheduled for trial (officer failed to appear) then the matter was rescheduled (officer failed to appear again). At that point, it would be prudent to request a dismissal of the charges either for lack of prosectuion or pursuant to said rule.
If you have any questions regarding your traffic ticket call Dan T. Matrafajlo, Esq. for a free consultation to discuss your rights.