I heard that if the officer doesn’t show up in Court, the ticket gets dismissed. Is this true?

This rarely happens, although in theory if you appear and the Prosecution’s witness (the officer) is missing, there is no case to present and the case fails due to “lack of prosecution.” However, it is unlikely that the Court will throw out a case if this happens.  You can ask the Judge to dismiss the matter, however, the Prosecutor will ask for an adjournment to ensure the officer’s appearance the next time.  In New Jersey, unlike some other jurisdictions, an officer can be reprimanded if his/her case is dismissed due to lack of prosecution. As such, it is rare for the officer to miss the court date. Not to mention, that unlike you – the officer is working while testifying in court, so he/she has little incentive to miss the required court appearance. For many police officers, court testimony is simply a regular part of their work routine. Also, some police departments have a designated “traffic ticket officer” – his/her job is to appear in Municipal Court when needed. As such, your chances of getting your ticket dismissed for officer’s non-appearance are quite slim.

About teperlaw

I am an attorney practicing family law, immigration and wills and estate planning. You can find out more about me and my firm by visiting my website at: www.teperlaw.com 106 W. Franklin Ave. Pennington, NJ 08534 (609) 737-3030
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