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SVTPerformance's Chain of Restaurants
Donut Shop
Speeding ticket dismissed without prejudice -- chance of reopen?
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<blockquote data-quote="jshen" data-source="post: 13158839" data-attributes="member: 9092"><p>No! The case is reset for another court day with officer ordered to appear and show cause why he/she wasn't there the first time. Officers may have perfectly valid reason- For example- officer still out on an important call, or pulled out on an "accident with injuries" on way to court, etc. If no appearance on the second reset- case is dismissed generally without prejudice and DA can file accusation if charge is serious enough to warrant it. Legally, it can be done within statute of limitations. Officer missing second appearance is RARE and only time I have seen that happen is where officer leaves department. Although officer would have known court date of first appearance he would not have notice of second unless served by subpoena.</p><p></p><p>The bottom line is this- if an officer is needed for court and the case is serious enough...we will get them to court. All states have a uniform act to secure attendance of out of state witnesses...Again, the time, trouble and expense must be justified by the seriousness of the case and for traffic matters- it would have to be the veh. homicide, serious injury by motor veh, etc. to warrant it.</p></blockquote><p></p>
[QUOTE="jshen, post: 13158839, member: 9092"] No! The case is reset for another court day with officer ordered to appear and show cause why he/she wasn't there the first time. Officers may have perfectly valid reason- For example- officer still out on an important call, or pulled out on an "accident with injuries" on way to court, etc. If no appearance on the second reset- case is dismissed generally without prejudice and DA can file accusation if charge is serious enough to warrant it. Legally, it can be done within statute of limitations. Officer missing second appearance is RARE and only time I have seen that happen is where officer leaves department. Although officer would have known court date of first appearance he would not have notice of second unless served by subpoena. The bottom line is this- if an officer is needed for court and the case is serious enough...we will get them to court. All states have a uniform act to secure attendance of out of state witnesses...Again, the time, trouble and expense must be justified by the seriousness of the case and for traffic matters- it would have to be the veh. homicide, serious injury by motor veh, etc. to warrant it. [/QUOTE]
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SVTPerformance's Chain of Restaurants
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Speeding ticket dismissed without prejudice -- chance of reopen?
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