Questions for Lawyer or LEO

[mainjet]

Let's say you get a speeding ticket. Two days later the officer that gave you that speeding ticket is arrested on a felony charge (unrelated). He is now on administrative leave from the department awaiting the outcome of his criminal case. If his case is still pending and he is still on administrative leave, can he come to court to testify in the speeding ticket case?

 

[T.Lex]

He can (assuming he isn't in jail before posting bond). It is open to the public.

Whether he will or not is a different issue. That depends on several factors: whether he cares, whether he's been subpoena'd, etc.

 

[Hornett]

Go.
Plead innocent.
Maybe you'll get lucky.

 

[mainjet]

Already went to the initial hearing and plead not guilty. So it was set for trial. I am just wondering if they will have an officer that is on administrative leave testify in a regular speeding ticket.

The court did not offer me court supervision at the time. Even though I have zero points and no tickets. But just the other day they sent me an offer in the mail of court supervision. Nothing since July and now just a couple weeks before trial they make the offer.

I also was on the Illinois side of the state line headed south when he allegedly clocked me (he was going North on the Indiana side), turned around followed me, stopped me and ticketed me all on the Illinois side.

 

[GlockRock]

Were you speeding?

 

[mainjet]

no

 

[Trigger Time]

no

If a cop was lying and trumped up something on me I'd fight it as far as I could. Sounds like he needs a new job anyways. Good luck!

 

[Expat]

I would fight it also. Seems like his credibility would be harmed at this point.

 

[GlockRock]

Agreed. If you truly feel you are innocent fight it.

 

[PeaShooter]

My guess is that the entire road is in both jurisdictions and both states patrol both sides. I would be interested in the outcome though!

 

[Tactically Fat]

I'd be quite surprised if anyone on administrative leave from their employer would be allowed to show up to court in this capacity - as it's work-related.

 

[devil07]

I've never dealt with it personally (*knocks on wood*) but my understanding, at least here, is that even if an officer is on admin leave (suspended without pay) he/she is still expected to show up to court for subpoenas. Here, anytime a defendant goes to court on an infraction ticket, the officer gets a subpoena. Court time will still be paid, even if the officer is suspended without pay.

 

[Tactically Fat]

I've never dealt with it personally (*knocks on wood*) but my understanding, at least here, is that even if an officer is on admin leave (suspended without pay) he/she is still expected to show up to court for subpoenas. Here, anytime a defendant goes to court on an infraction ticket, the officer gets a subpoena. Court time will still be paid, even if the officer is suspended without pay.

I wonder if it depends on WHY the officer is on leave. Leave w/pay pending an officer-related shooting is a whole other ballgame than to be suspended because you've been arrested on felony charges.

 

[ModernGunner]

If he's subpoenaed, he'll likely show, and get paid for the time.

 

[Lebowski]

Go, fight it. If the officer is suspended for any reason it's already going to reflect poorly on himself if it comes down to your word vs his so that works greatly in your favor. Be sure to let that be known, if he appears, that he is appearing during his suspension. (At least I would).

 

[HeadlessRoland]

Zero points, zero prior moving violations. Minor moving violation, class C infraction. Small fine; payable online.

ROW, ROW, FIGHT THE POWAH!

[video=youtube;0V7aUT13qtM]http://www.youtube.com/watch?v=0V7aUT13qtM[/video]

 

[cobber]

What's the charge against him? Has he been charged, or just investigated? Perjury? Theft? Failure to Dispose of a Dead Animal?

 

[Vigilant]

You most likely are going to get it dismissed. A friend was ticketed last year in Indy for speeding(she was), but a week after the ticket, the officer who ticketed her decided to kick in his neighbor's door to retrieve his child from the mother, with his duty weapon in the mix somehow, well, felony arrest and suspension. Court day comes, everyone who was fighting their tickets from that officer were asked to come to the front and all cases were dismissed since the officer did not show.

 

[VUPDblue]

You most likely are going to get it dismissed. A friend was ticketed last year in Indy for speeding(she was), but a week after the ticket, the officer who ticketed her decided to kick in his neighbor's door to retrieve his child from the mother, with his duty weapon in the mix somehow, well, felony arrest and suspension. Court day comes, everyone who was fighting their tickets from that officer were asked to come to the front and all cases were dismissed since the officer did not show.

In traffic court, they call the defendants' names who are there and their officer isn't. If you are on that list then your case is dismissed. The court doesnt know why the officer is not there and I doubt they care.

 

[remauto1187]

In traffic court, they call the defendants' names who are there and their officer isn't. If you are on that list then your case is dismissed. The court doesnt know why the officer is not there and I doubt they care.

Have you ever been "not there"?