Ticket citation lacking info

[nweaver]

Originally posted by: archcommus

Originally posted by: LS20
youre not beating the cop.

last time i attended court, we had a situation where the cops worked in teams pulled people over en masse and issued tickets like a factory

one guy received a physical ticket that was not even his (it was meant for a lady). however, his info was entered into the system when the cops recorded the tickets. at court, the actual officer who gave the guy the ticket was not present...

nevertheless... his appeal failed.

He didn't get out of it even though his officer wasn't present? How can it not be tossed out if the prosecutor doesn't show up?

cop != prosecuter

 

[LS20]

Originally posted by: archcommus
He didn't get out of it even though his officer wasn't present? How can it not be tossed out if the prosecutor doesn't show up?

The prosecutor is an attorney who works for the city/muni/gov... the officers are the accusers.

The officers worked in tandem ("trandem", actually!), and each issued multiple tickets at 1 location at 1 point in time (to multiple people)

Though the particular officer that issued defendant's ticket wasnt there, the judge lumped it into one "case". Despite the correct officer not being present, despite the officer not remembering specifics about the ticket/situation, the rationale was if defendant was issued a ticket, it was probably for a valid reason... and thus defense failed

 

[mugs]

Originally posted by: archcommus

Originally posted by: LS20
youre not beating the cop.

last time i attended court, we had a situation where the cops worked in teams pulled people over en masse and issued tickets like a factory

one guy received a physical ticket that was not even his (it was meant for a lady). however, his info was entered into the system when the cops recorded the tickets. at court, the actual officer who gave the guy the ticket was not present...

nevertheless... his appeal failed.

He didn't get out of it even though his officer wasn't present? How can it not be tossed out if the prosecutor doesn't show up?

When I spent a few hours in traffic court in Indiana, even if the officer was not present they would ask you questions like "how fast were you going?" If you answered truthfully (no one did), you'd still get the ticket. People assume that you get off automatically if the cop doesn't show up, but you do still have to defend yourself.

 

[archcommus]

Originally posted by: mugs

Originally posted by: archcommus

Originally posted by: LS20
youre not beating the cop.

last time i attended court, we had a situation where the cops worked in teams pulled people over en masse and issued tickets like a factory

one guy received a physical ticket that was not even his (it was meant for a lady). however, his info was entered into the system when the cops recorded the tickets. at court, the actual officer who gave the guy the ticket was not present...

nevertheless... his appeal failed.

He didn't get out of it even though his officer wasn't present? How can it not be tossed out if the prosecutor doesn't show up?

When I spent a few hours in traffic court in Indiana, even if the officer was not present they would ask you questions like "how fast were you going?" If you answered truthfully (no one did), you'd still get the ticket. People assume that you get off automatically if the cop doesn't show up, but you do still have to defend yourself.

Hmm, didn't know that. But if you do defend yourself (like if those people said they were driving within limits), are you automatically not guilty because the officer is not there to accuse you?

Also, what about the cases where officers offer a lesser charge at the time of trial? If they are only an accuser and not the prosecutor, how does that work exactly? The accuser is allowed to change their accusation, and that then affects the charge?