What happens if you go to court for a speeding ticket and the cop shows up?

Question

Alot of people have said that they will dismiss the ticket if the cop doesnt show up but if he does what will happen?

Answer 1

Yes, everyone says that, but in reality it does not happen very often. Even if he doesn't show, if he has a valid excuse for missing, they will reschedule the trial.

From my experience, most people who believe this change their plea when the officer shows up. A few go to trial, at which point the officer testifies, the person has the opportunity to ask the officer questions, and the judge makes a ruling.

I can also tell you from experience the judge rarely gives a break after a trial.

Answer 2

The judge sides with the cop because you are "guilty until proven innocent."  Then the cop gives you another ticket as you leave the courthouse.

Answer 3

You have two choices: Fight the ticket or plead guilty.

Here's the deal; does the judge always believe the cop? Not really, but usually. Here's why:

First there are three main methods we use to measure speed: Radar, Laser, and pacing. Laser is the most accurate, then radar, then pacing. Laser is pretty much impossible to argue against.

Ticket quotas don't exist first off, they are considered unethical. Second, the officer has no vested interest in the case, he gets nothing if you win or lose. The violator has a huge vested interest in the case and thus may be more inclined to be creative with the truth.

Most officers have an established track record with defense attorneys, prosecutors and judges. This track record is based on the officer's past truthfulness, competence, presentation, intelligence and reasonableness. If the officer is known to be fair and honest, this buys credit with the judge certainly.

I also know of officers who are not trusted by prosecutors and therefore the cases are plead. Crappy officers also get hounded by defense attorneys and judges doubt what they say. This is why most of the officers I work with are very careful.

Also realize that most officers give you so many miles over the limit bfore they even look at you. At my agency, we usually give 15 Mph over on main roads before we pull you over, unless we are looking for drunks, drugs etc, then we just use speed as the reason to stop you, check you out, and then most likely realease you.

Also realize most officers give out just as many warnings, written or verbal, as they they do tickets.

Also realize that if a stop is iffy at all, most reasonable officers, will cut it loose. It is a waste of time for everyone if there is any question or if the person has a good excuse. From experience, let me tell you that writing speeding tickets is like fishing in a fish farm, so many to choose from, why waste your time when less than a minute later you can get a solid one?

The traffic judges know all of this. Here in Florida, the traffic judges ride with police agencies when they start so they can see police procedures first hand. They also take the radar and laser courses so they are familiar with how they work.

The officer is going to testify to his training, his experience, how many cases he has worked etc. He is going to show the court what equipment he used, and provide documentation that it was calibrated on set dates and that it was function tested that day. The officer will have documentation for all of this.

The officer then, if he's competent, is going to provide details about the incident, about you, and about your vehicle. The officer took notes and most likely wrote them right on the back of his copy of the ticket. This demonstrates to the court that he had the right car and the right person. This also demonstrates that officer was attentive to detail: Was it heavy traffic? Was it light out? What lane was the car in? Was the weather clear?

Most people don't remember or have all of those details with them, most likely they were too nervous or pissed. In fact, most people can't remember what the officer looked like. Most people have none of those details and actually rely on the officer to fill in those details for them. How does that look? Most people aren't used to being in court and are now flustered by the officer's detailed testimony, they either stumble and mumble or stand there blankly.

Next, the officer is going to present the court with any statements you made during the stop. Yes, he wrote those down too. Statements aren't needed to win, they are just icing on the cake. Remember when the officer asked you if you knew why you were being stopped and you admitted, "Speeding", or "I guess I was going a little fast". Those are admissions and now you are done.

To add insult to injury, unlike criminal cases, the judge looks at your prior record and takes it into consideration before ruling.

It is very hard to fight a ticket in court but here's some tips:

When stopped, if the jig is up, just admit it, say your sorry and hope for the best. It's best to offer some excuse and then say "I know that's no excuse and I know better".If you are oing to try and talk your way out, come up with a viable excuse, one the officer can empathize with. If you are going to come up with something at least make it funny if not credible, I always gave an "A" for effort if someone made me laugh.

If you are in the military, work in a hospital, are a fireman, are a war vet, have a relative who is in law enforcement, mention it casually. Don't demand special treatment, be humble. If you are going to try something, do it before the returns to his vehicle. That's when the ticket is going to be written, and once it's written, it usually can't be undone (in Florida they are tracked by serial number).

Always set the ticket for court! You are right if the officer doesn't show, they dismiss it, the traffic court is too backed up to waste time, at least in FL. If the officer shows up, change your plea, they always ask at the beginning of the session if anyone wants to. You can then ask the judge to remove the points without going to school. If your record is clean, the court almost always does this and the officer never objects if you were cool. You can also ask for alternative payments or extensions if you need it.

Even if they reset court, you got longer to pay.

In most places you have to pay withing thirty days. Set it for court and you now have 60-90 days to pay it depending on how backed up they are. Just show up to court with your money.

The officer doesn't care if he gets called to court, it's no big deal, and he's either on duty and getting paid or off duty getting paid time and a half.

So that's my two bits, some people tell you this or that, but in my opinion, it is very hard to successfully fight a ticket for speeding. Seat belts and other stuff is easier, but speeding is tough.

I am a Florida detective and used to work the street.

Good Luck!

Answer 4

Your in big trouble..no lol same thing if he didnt show up your not gonna fight it unless you have a really good laywer. still gonna get stuck paying court fees

Answer 5

I've answered this same question at least 50 times on YA.

The officer WILL be there, it's part of his job. Same as showing up for duty or district court. He'll be there.

In 30+ years, I've missed one court and that was because I was in federal court and wasn't dismissed by the judge.

Officers who fail to show for court will be disciplined in most agencies, so chances of your officer not showing are quite slim.

Answer 6

the judge will always believe the dik cop

Answer 7

THe judge goes with the cop. But if there're points involved you may be able to sway his opinion on them.

Answer 8

If you plead not guilty, then they will have your trial. You do not have the right to a jury trial for traffic violations. The judge will hear the case and make his ruling.  

Answer 9

he is required to show up, and if he does he will just read what is writen on his copy of the ticket and explain why you were pulled over.  If you go to court though they usually lower the fine.