So it could be your lucky day, even if the officer has fallen ill. Some judges might still dismiss the case. In Virginia, the officer is usually in court. And in those instances, the case will be continued. So that is at least a little incentive for you to come to court or hire an attorney to come to court for you.
I wrote the book on reckless driving. Get Your Free Copy. My special report about driving on suspended explains six critical issues to possibly fight in your case. For example, you ran a stop sign right in front of an officer or were caught doing 90 miles per hour on the freeway by an officer who paced you drove behind you at the same speed for two miles. Obviously, the attractiveness of traffic school goes up as your chances of beating the ticket in court go down.
But what should you do if you aren't eligible for traffic school? Automatically pay the ticket? When you appear for a traffic trial and the officer is a no show, the judge will typically dismiss the citation—meaning you win the case and don't have to pay the fine or worry about the violation going on your record. Also, explaining the reason you violated the law like "I didn't see the stop" isn't usually going to get you very far.
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Meet the Editors. Choosing the right strategy can help you beat a traffic ticket. Traffic Ticket Defenses that Can Succeed No matter what violation you were ticketed for, knowing precisely how the offense is defined by law can be crucial to a successful defense in traffic court. Show That a Necessary Element of the Traffic Offense Is Missing Based on the legal definition contained in the statute, all offenses can be broken down into " elements.
If he misses for one of these reasons twice, your ticket will be dismissed. The other absences are, as you guessed it, unexcused.
If the officer simply does not appear, without providing a reason, your ticket should be dismissed. Or if he misses for a reason not included in the above list, e. There are other examples, but these are the most common. Some required appearances are marked as such because the DMV considers the violation especially serious.
For a very high speeding ticket, you can expect the summons to be a required appearance. On the other hand, if your case is dismissed at the prelim, you can still be indicted, and your charges may be revived.
Daniel A. Selwa is a criminal defense attorney in Myrtle Beach, SC. Call now at or send an email for a free consultation to discuss your case and how we can help. Free case consultation. I have read the Disclaimer on this website. Powered by. All Rights Reserved. Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice.
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