<BLOCKQUOTE><font size="1" face=" Arial, Verdana, Helvetica">quote:</font><HR>Originally posted by james_95:
I got pulled over by a helicopter cop the radioed to the ground cop. Both cops names are on the ticket. I heard that both officers have to show up...is this true? What is the law, PC, or VC that states this? If I show up to court and only one cop is there how do I address the court for a case dismissed?
Thanks,
James<HR></BLOCKQUOTE>
My response:
Yours is a basic Constitutional question; i.e., you have a right to confront your accusers.
When you appear at the preliminary hearing, to plead your guilt or innocence to the charges, you tell the judge that you plead innocent. The judge schedules a trial date for you. You respectfully request the judge to have the officers subpeonaed to the trial. It's at the trial, only, that the officers must appear, and where you have the right to confront your "accusers" - - because that's what they are - - your accusers.
If only one appears, and his testimony depends on the missing officer's testimony, then the case gets dismissed for lack of evidence. If none of the officers appear, same effect. Dismissed.
If both appear at trial, you then have the right to question them both, and then the trial becomes a real "horse race". You really should consider getting an attorney for this matter.
You really should take a look at my "Knucklehead" Motion and file one for yourself. You could, by it's use, have this whole matter thrown out at the Preliminary Hearing stage.
IAAL
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