Q: Is it true if officer doesn't show up in TN court the ticket will be dismissed? If so, what is legal citation?
I was told that if I show up for court and the officer does not my traffic ticket would be tossed out. This is in TN. Is that true?
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A: Not at all. Sometimes other witnesses exist besides a law enforcement officer. And usually the Court will give the State more than one chance to put on proof of a crime. This is the reason you should be very humble in presenting your Motion to Dismiss for Lack of Prosecution. It is sometimes better to find some type of Diversion that is acceptable to the State and the Court, than run the chance that at the next appearance, that Tennessee LEO will be there ready to testify.
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A: Also even if the Court dismisses the Charge at the General Sessions level, the State AG can still take his Case straight to the Grand Jury and request an Indictment. This is not Double Jeopardy which only bars going before the Jury twice.
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