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  1. #1
    Join Date
    Mar 2008
    Posts
    1

    Default Can I Get My Ticket Thrown Out For Delay In Hearing?

    I am a resident of Pennsylvania. I was pulled over for passing in a no passing zone in early January. The hearing date was set for February 2nd, but the officer requested a continuance. The hearing was later set for March 11th, but yet again the officer called out sick and the hearing is now set for May 20th. Is there a way I can contest this and get the ticket thrown out?

  2. #2
    Join Date
    Feb 2008
    Posts
    578

    Default Re: Can I Get My Ticket Thrown Out For Delay In Hearing?

    Only if you can get the judge to rule that these delays have violated your 6th amendment right to a speedy and public trial.

    Translated, that means, "NO".

  3. #3

    Default Re: Can I Get My Ticket Thrown Out For Delay In Hearing?

    The question is whether you showed up and then were notified. If so, you should make a motion for dismissal and have it put on the record. The judge can grant the state a continuance but if it continues you can plead it is a hardship. Most people show up and then just go home when the clerk tells them it has been continued. In most cases you want to make the motion over the clerk's objection.

    If you did show up, you may want to go ahead and send in a written motion for dismissal. Can't hurt.

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