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  1. #1
    Join Date
    May 2014
    Posts
    1

    Default Officer Says He Won't Be in Court Unless He's Subpoenaed

    My question involves traffic court in the State of: Illinois
    I got a citation for 75 in a 55 on I-355 in Will County, Illinois. There was a training officer and his "trainee" or whatever - after it was all done the training officer seemed to feel bad about giving the ticket (I was driving a doctor and we had medical samples that needed to get to a lab as quickly as possible). He told us that if I go to court and no officer is there, it will be dismissed - and the he candidly said that unless he gets subpoenaed, he will not show up to court. He also said that he would have to be the one to go because he held the radar gun.
    My question is: doesn't he automatically get a subpoena to appear if I plead not guilty? Or do I have to request a subpoena for him? And if he doesn't get subpoenaed and doesn't show, is it true that the ticket will get dismissed, or is it just a "most likely" situation? Basically, WILL he get subpoenaed?
    Two other questions. Let's say I plead not guilty and go to court, and he isn't there, and the ticket gets dismissed. Will I still have to pay court fees, even if not convicted?
    And second, let's say I plead not guilty, go to court, and he is there and I am found guilty. Can I still request court supervision? Or am I better off just not going to court and requesting supervision? That is an option (court appearance is not required).
    Also, if anyone who happens to know what Will County court fees and safety class costs are, that would be great to know. I tried looking at the website but their schedule of fees is unclear and the info seems hard to get ahold of.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Officer Says He Won't Be in Court Unless He's Subpoenaed

    If you work out a deal for dismissal upon payment of costs and fees, you pay costs and fees. If there's no deal and it's an outright, unconditional dismissal, you don't pay costs and fees.

    You can explore with your court whether there is any type of deferred disposition available for speeding tickets in your county.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Officer Says He Won't Be in Court Unless He's Subpoenaed

    He lied, lied, lied.

    Of course he'll appear in court. That's what he gets paid for.

    And the judge will believe him, not you.

    And, yes, the police are allowed to lie to drivers so they can avoid arguments on the side of the road.

    Take traffic school if you are eligible.

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