Should you experience a situation in which you are issued with a ticket for a traffic violation, it may be of some interest to you to know whether or not the police officer in question is obliged to attend court.
Some information regarding this kind of thing may be crucial to you during this problematic legal matter, and it’s vital to understand when a police officer is obligated to attend court — or if they are ever required to do so or not.
It’s standard procedure for a police officer to not be required to attend a hearing that proves itself to be the first time you’re attending court over the violation, but subsequent hearings will require the police officer to do so if the time calls for it. If you require a professional language translator to assist you through this difficult time, it’s imperative that you contact one prior to the arrival of legal proceedings, to prevent any miscommunications that may harm your case.
The time will call for it if you plead not guilty to the violation — you believe the ticket is unjustified — the court will issue a subpoena to the officer which will legally require them to attend the prosecution. This order is legally binding to the police officer — much in the same way your order regarding the violation obliges you to attend court — and the court can find the officer in contempt of court if they ignore the order.
It’s important to note, that this more often than not, does not occur, but the option is on the table for the court to take such action if need be.
If the officer fails to respond to the subpoena, a few things usually take place, which include the following:
-The officer will be contacted to see what the hindrance may be, to see what steps should be taken thereafter.
-Added time will be allocated to the officer to attend the prosecution on the date of the scheduled trial, if they aren’t hindered from attending.
-If, for some reason, the officer cannot attend the trial on the scheduled date, a persecutor will then more than likely push for a continuance motion. This delays the trial date, to be rescheduled to another day (this option is also available to you).
If you believe the defense to be sufficiently prepared to continue the proceedings, you can, along with your legal counsel, file an objection to prevent this continuance from being approved. Continuances are not often denied, but it’s important to know that this option is afforded to you.
Most of the time, a continuance is granted because there is merit to its existence. If the officer is prevented, via substantial and significant circumstances, from attending the court proceedings, the request will be seen as valid and a court will subsequently grant it.
If a continuance is approved, a new date will be scheduled. If the officer is unable to attend the rescheduled date, you will probably have your charges dismissed. This is highly unlikely to occur for more serious offences like driving whilst intoxicated, or extremely negligent driving bordering on dangerous, but for less serious tickets this is usually the case.