Southern California Traffic Ticket... I pleaded not guilty... Now what?

I went to court today and the judge's assistant told me I can't go to traffic school to clear off my moving violation because I didn't have auto insurance at that the time as well... He advised me to plead not guilt because my case can be dismissed if the officer doesn't show up... He convinced me to plead not guilty because two cases were already dismissed today because the officers didnt show up to court...

So I was wondering, what are the chances of an officer not showing up to court for a traffic violations, and what happens if he does show up? Am I more screwed worse off then I was before?

You won't be worse off, except for the additional time you will be spending in court. If you are guilty, the resulting penalty will be the same whether you plead guilty now or are found guilty at trial.

My experience as an attorney in So Cal courts is that most of the time the cops are there. Remember, when they write the ticket, they pick the day of your appearance and write it on the ticket. At the end of the day, they have a whole pile of tickets, all scheduled for the same day.

That day, everyone that decides to fight a ticket will be given another date to come back, just like you were, probably all on the very same day. So there may be a lot of people that the cop can testify against. Makes it worthwhile for the police department to schedule a court day for the officer. Especially since convictions mean revenue for the state and cities.

But if you can afford to take the time to chance it, why not. Maybe he won't show. Just don't bet on it.

If the officer shows up to court...you gain nothing nor lose anything. Things remain the same. You know you were guilty and as such the court will most likely find you guilty. The court will require you to pay the court costs and fines...which is what you'd pay if you just paid for the ticket without going to court to start with.

However, if the officer fails to appear for the traffic case, the judge will dismiss the case and nothing further will happen to you!

It's a 50-50 chance! I get paid the overtime so I KNOW I'd be there!

Being convicted at trial is no worse than being convicted by your own guilty plea. Courts see absolutely nothing wrong with someone exercising their right to trial. In fact, that is why they have the job -- to accomodate that right. On the other hand, if the matter is called for trial and the prosecutor does not have his evidence available (as the cop didn't show up) then you will be found not guilty. So, you got good advice. Most of the time, the evidence will be presented but every now and then a trial gets scheduled but the cop is on vacation, or gets involved in cop work and just cannot make it to court.

I'm in a similar situation as you. This is the best site that I have come across for learning all about how to fight a traffic ticket. This guy has all sorts of forms and documents to explain what and how to fight the ticket.

http://www.ticketassassin.com/

I don't know about CA but here in NY you have two choices when pleading not guilty to a traffic ticket.

1. Write the local DA and try to get it dropped or whatever it is you want.

2. Take it to a non-jury trial. In a non-jury trial the judge will listen to both sides of what took place(that being your side and the officers side) He will then make a decision based on what he hears or any evidence that is provided.

Sounds like you have taken the non-jury trial route. If the officer does not show up then I am sure you are ok, if he does then the judge will listen to what he has to say and then you may be found guilty and have to pay the fine, plus any other penalties that the law enforces for that offense. That is up to the judge whether he finds you guilty or not guilty. Good Luck!