NYC speeding ticket, Police man doesn't show up and the hearing gets re-scheduled?

[metrogt21]

Hello,

I was scheduled for a hearing on a speeding ticket (31+) last week and the police man didn't show up. The judge, instead of dismissing my ticket (which is what happens when prosecution doesn't show up), rescheduled the hearing with the excuse that there was a mistake done (by the DMV dept.) and the hearing should have been held in Queens instead of Brooklyn. This happened in 2 other cases that same day!!

We all went to see the Head Judge to be told that it's upon the judge's discretion to dismiss the ticket or not.
Is there sth I can do about this and prove that this ticket should have been dismissed since the prosecution didn't show up or any mistake that happened was NOT on my behalf?

Thank you in advance for your feedback,

[AFFA]

Re: NYC speeding ticket, Police man doesn't show up and the hearing gets re-scheduled

I wish to inform you that judge has discretionary power to dismiss the ticket. In this as there was incorrect filing and jurisdiction issue involved thus judge may grant one chance to correct the mistake. In next hearing you may request judge to dismiss the ticket. During hearing generally a party can request the judge to dismiss the ticket and if it appears just then judge can dismiss ticket for default.

AFF

[Friend In Court]

Re: NYC speeding ticket, Police man doesn't show up and the hearing gets re-scheduled

With it being the wrong venue, the judge did not do anything improper by dismissing it.

[Maryellen]

Re: NYC speeding ticket, Police man doesn't show up and the hearing gets re-scheduled

There's so much talk about 'hey, if he doesn't show up you're free' and that's not always the case. In yours there was an error on their part-it sounds like someone messed up a block of tickets and in other cases if the officer notifies the court as to why he won't be there then it will also be rescheduled. An officer not being there is not an automatic 'get out of ticket' card.

[Lexus]

Re: NYC speeding ticket, Police man doesn't show up and the hearing gets re-scheduled

It is the discretion of the judge to give a chance to cure any defect in filing. If you are going to contest the case, you can point out the defect and can plead to dismiss the case at the next sitting.

[jhonlarson]

Re: NYC speeding ticket, Police man doesn't show up and the hearing gets re-scheduled

you have to travel one place to another for your case.