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If you got a seat belt ticket in California and you want to fight it and the cop does not show up for court does the case get thrown out of court? |
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Answer
No the officer doesn't always have to be there and if you weren't wearing seat belts then pay the fine. If you were, then it comes down to your word against the police officers and the judge is going to favor the police officer. I have no idea if you wore seat belts or not, but in British Columbia, Canada (where I live) seat belts are a must and they save thousands of lives each year. For us here, we feel naked without our seat belts. In 1994 I was in a head-on collision and the police officer mentioned to the ambulance attendent that if we hadn't had our seat belts on we wouldn't have made it. Oh by the way .... my Goddaughter was in that vehicle and her Fisher Price child's seat saved her life!
So, to the point here ... if you were wearing your seat belt then stand behind your rights. If you weren't wearing your seat belts (I don't care whether the laws are completely in force where you live) consider this police officer just saved your life!
New Answer Headline
Previous answer contains ethical and moral statements, but not statements of fact.
If you are given a ticket in California, and you choose to contest it, you have the right to a court appearance. The judge (or commissioner) will hear the information presented, and make a determination and judgement based on the information provided. At any such proceeding you have the right to question witnesses against you. Should no witnesses appear, then there is no opposition, aside from the ticket itself. This CAN lead to a dismissial due to inadequate evidence or witnesses to the offense. Be careful not to jeopardize this by admission of guilt, and do not lie under oath.
I was ticketed for crossing against a traffic signal in California. Contested the ticket. The officer did not appear in court. The judge dismissed the ticket. The only statement I had to make was that I did not dispute the dismissal of the ticket.
First answer by ID407240693. Last edit by Milamber777. Contributor trust: 26 [recommend contributor]. Question popularity: 67 [recommend question]
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