Do You Get Out of a Speeding Ticket If the Officer Doesn't Show Up?

An officer of the law's absence in court does not necessarily guarantee a ticket dismissal.

Many people contesting speeding tickets assume that in court, the absence of the officer who issued it will result in a dismissal. However, this is not necessarily true. Factors from the judge's mood to local law influence the outcome.

Jurisdiction

Moving violation laws vary from state to state and county to county. Even if your jurisdiction permits a dismissal in the event of the officer's absence, some courts are mindful of this when scheduling the court date and pick a time when the officer will most likely attend.

Judge

The mood of the judge is also a factor. If she empathizes that you took time out of your schedule to be in court, she might dismiss it regardless of the officer's presence. However, the judge is also well within the letter of the law to reschedule if the officer isn't present.

Law

Citizens have the right to face their accusers, and the absence of the issuing officer weakens the case against you. Granted, rescheduling is an option, but given the relatively minor nature of a traffic violation, many judges will dismiss these types of cases. However, a written statement from the issuing officer will work just as well as a personal appearance in many jurisdictions.

References

• MSN Money: 8 Top Traffic Ticket Myths
• Washington State Legislature: RCW 46.63.090