Q: I was issued a petty misdemeanor for sending a text while driving, what are the odds this will be dropped? first offense
or if the officer doesnt appear in court will this be an automatic dismissal? could it result in my loosing my cdl license?
A: It is unclear from you question whether you received the ticket while in a commercial vehicle or if you got it in your personal vehicle. If it was in your personal vehicle, there is some chance that the prosecutor may be willing to reach an agreement where it would remain off of your record. A dismissal would only occur if the officer blew off the court date and did not show for trial as you do have a right to cross-examine him or her at trial.
William Bailey agrees with this answer
A: There may be a way to keep this off your record. However, due to a federal anti-masking statute for CDL drivers, it could be difficult. You will want to have an attorney assist you.
A: If it's important, get help from a defense attorney. I would not expect a prosecutor to dismiss unless a defense attorney developed a defense case. If the police officer doesn't show for trial, the prosecutor may request a continued trial date. But the defense can ask the Judge to dismiss. But if the police officer does appear, as they typically do, the defense attorney should be ready for trial a short time later.
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