Fighting Speeding Tickets - The Cop’s a No-Show?
I often hear the “rumor” that if you go to challenge a traffic violation, and the arresting officer doesn’ t show up, you’re automatically let go. So, one time, I went into an Orange County, MA, courthouse to contest a speeding ticket—I honestly don’t think I was going as fast as the cop reports I was going.
I go into a room, and at a desk, there’s a woman who mumbles something about who she is—she looked half-asleep—and asked me what happened. I told her that it was late at night, and I was going down a hill. I remember being mindful of my speed because I know there are lots of cops out on Route 2 late at night. All of a sudden, I see these lights bearing down on me from the top of the hill, and then they’re tailgating me… So I probably sped up a bit. And then he hit his lights, and then I find a ticket in my hand.
She kind of glances up at me and says, “I don’t believe you.” And she says I have to pay the fine. But then I ask her, I thought that if the police officer who arrested me isn’t here, then I get off. She said, no, she represents the police officer, and the ticket still stands. What?
So for the longest time, I thought this “cop no-show” freebie was a myth. But I’m studying Evidence, and I run across Fed. R. Evid. 803(8)(B). It says that records of public offices setting forth matters observed pursuant to duty imposed by law fall under hearsay exceptions, excluding matters in criminal cases observed by police officers. So, if a traffic violation is a criminal case where my speed was a matter observed by a police officer, then this out-of-court written statement is hearsay. The police officer may appear at court to testify as to the contents of that writing, but the writing in itself is not evidence admissible into court.
I think this means that lady in Orange County, MA, screwed me. (Unless, for that level of violation, the rules of evidence are “relaxed.”)