View Full Version : Traffic court predicament, please help
michiganDT
03-18-2007, 03:46 AM
So I got a ticket back in November for a minor infraction and I rescheduled the first hearing, so I had the first hearing before the magistrate in January. The trooper showed up and they found me responsible, but I talked to the trooper afterward and he told me he would be willing to drop it to a no point ticket if I motioned for a formal hearing. So I did just that.
I had the hearing last week and the trooper did not show, so the judge dismissed the case. Today I get a letter in the mail dated a week before the trial (I just now received the letter) from the prosecutor telling me that the trooper would be unavailable for the court date and that it needed to be adjourned, and would be adjourned with or without my consent. Well the court never mentioned this during the trial, and the judge dismissed it. Can the prosecutor reverse the decision? What should I do?
Sgt. Geezer
03-18-2007, 06:54 AM
Nine of ten times the Judge's wishes prevails. If he has dismissed the ticket it is a done deal.
You could contact him to verify or just wait and see if you are contacted.
michiganDT
03-18-2007, 07:17 AM
Basically what happened was the prosecutor at the case (not the one that wrote me the letter) said that since the trooper was not there she could not proceed, and I didnt even say anything to the judge, she asked him to drop the case and all I said was yes your honor I wish to do that. I don't think the judge or the prosecutor that was there had any idea about the other prosecutor trying to adjourn it.
Sgt. Geezer
03-18-2007, 07:47 AM
An internal screw up. The peoples' representative (prosecutor at the court that night) asked for the dismissal and the judge granted it. You're in the clear..... just don't screw up again and appear before the same judge.
1oldsarge
03-18-2007, 09:23 AM
Just to be completely safe, write to the court and request a copy of the final judgment, the one that states the case is dismissed. If you have to go to the court and get it, do that. And keep it. There's a slight chance the case could fall through the cracks and a warrant issued for you.
Sgt. Geezer
03-18-2007, 09:37 AM
Yes....... Go back and make work for the judge. That will help.
notasheep
03-18-2007, 12:03 PM
Just to be completely safe, write to the court and request a copy of the final judgment, the one that states the case is dismissed. If you have to go to the court and get it, do that. And keep it. There's a slight chance the case could fall through the cracks and a warrant issued for you.
I agree with oldsarge
LE4Life
03-18-2007, 04:26 PM
As do I. If it does fall through the cracks and he ends up getting his license suspended for FTA or FT pay fines and fees or similar in his state, i know i wouldnt be a happy camper.
t150vsuptpr
03-18-2007, 05:49 PM
I agree with oldsarge
Me too.
:)
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