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Old 02-17-2019, 10:27 PM   #16
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I wonder if commissioner let me off cause the cops time would be better spent doing more traffic enforcement
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Old 02-17-2019, 11:17 PM   #17
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I wonder if commissioner let me off cause the cops time would be better spent doing more traffic enforcement
No.

That's not how court works.
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Old 02-19-2019, 11:47 AM   #18
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101mph code has a stipulation that your license may be suspended for up to 30 days. Nothing in the code says that for under that speed.
Yup - my knucklehead kid just found this out the hard way. Automatic 30 day suspension. Serves him right, the dumb-ass.....
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Old 02-19-2019, 12:43 PM   #19
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What did you put for your defense when you completed your TBWD?
Just curious.
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Old 02-19-2019, 12:59 PM   #20
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Originally Posted by bojangle View Post
No.

That's not how court works.
I got pulled over for unsafe lane change - I did not see any other way to do it...

Anyway, I'm fairly sure the officer was there but just did not stand up when my case was called.
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Old 02-19-2019, 02:38 PM   #21
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I got pulled over for unsafe lane change - I did not see any other way to do it...

Anyway, I'm fairly sure the officer was there but just did not stand up when my case was called.
If that was the case, the court would end up send in the disposition back to the department, and it would indicate the officer didn't show up to court. That would surely be against department policy. Depending on how the agency handles those things, the officer could face disciplinary action.

I've missed court a few times, and I've never been disciplined for it, but if it happened too frequently I'd expect something.
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Old 02-19-2019, 02:59 PM   #22
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I imagine discipline would be especially likely if you were getting paid OT to be there
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Old 02-19-2019, 03:20 PM   #23
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I imagine discipline would be especially likely if you were getting paid OT to be there
Yeah, I'd say so. If you were working, say, patrol, you might just be tied up on a priority detail that you couldn't get out of. The department would know this, so I doubt there'd be any discipline,
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Old 02-20-2019, 02:18 PM   #24
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Originally Posted by bojangle View Post
If that was the case, the court would end up send in the disposition back to the department, and it would indicate the officer didn't show up to court. That would surely be against department policy. Depending on how the agency handles those things, the officer could face disciplinary action.

I've missed court a few times, and I've never been disciplined for it, but if it happened too frequently I'd expect something.
Nah, not for traffic court. Criminal court, yes. Usually the circumstance is being on shift, and actively working another call while you're supposed to be at court.
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Old 02-22-2019, 07:06 PM   #25
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In a TBWD, the officer who cited you is prosecuting for the state.
Honest question... I was under the impression that the officer is always just a witness, and the judge is acting as prosecutor (while simultaneously being impartial ). Did I understand that wrong?
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Old 02-22-2019, 07:27 PM   #26
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Honest question... I was under the impression that the officer is always just a witness, and the judge is acting as prosecutor (while simultaneously being impartial ). Did I understand that wrong?
In traffic court, the court is the trier of fact. For a jury trial, the trier of fact would be the jury. The court is not acting as a prosecution. In traffic court, cases are direct filled by the officer/police department. It is a simplified court process and the officer is acting as prosecutor in as much they direct filed the charge with the court. Yeah, the citing officer is usually also a witness.

It might depend on the county, but my experience is that when a defendant hires an attorney to represent them in traffic court, the court will send the case to the D.A.'s Office, and a deputy DA will show up to prosecute (or offer a plea bargain) on the case.
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