Legal Question in Traffic Law in Georgia
is it legal in Georgia to have a court date rescheduled when an officer wasn't present for a crosswalk violation? I thought in the state of Georgia if the cop isn't present the judge usually throws out the violation and doesn't reschedule a court date. This whole situation was a crosswalk sting where the police officer had an off duty police officer standing out in the crosswalk and created an entrapment scenario for myself?
2 Answers from Attorneys
They are re-scheduled all the time. The story about the case being dismissed if the officer does not show is just a myth (though it happens, esp if the officer has a history of no-shows). When you do go to court, telling the judge that someone "entrapped" you into entering the crosswalk because someone else was in the cross-walk, it won't help your case.
Many courts initially do an arraignment calendar where you enter a plea, and officers are not generally there. At this hearing, those who wish to waive trial enter pleas and others who want a trial have one set for a later date where the officer will be present. That's pretty normal in most traffic courts and is not only legal but expected.
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