[LucyVanPelt]

One last question, If the State Patrolman does not show up should he still plead no contest or is he automatically found not guilty. Found many conflicting answers on the internet so maybe this depends on the state. Once again, thank you all for your help.

[smearcase]

You will probably get a great variety of answers about that question here also. In the state that I worked in, some folks told me (so this is hearsay only) that the officer did not show up and their case was dismissed, but I never saw a situation in person where an officer did not appear.

[LucyVanPelt]

Well, we're headed to court now. Going in a little a early so we can get an idea of the procedures. I'll check in when we get back to let you all know how it went. Thanks again for the guidance.

[JudyKayTee]

My experience in NY is that if the Officer does not appear the Judge is very willing to reduce the charge.

When your son goes to Court he will have the opportunity to speak first to the Assistant DA. That person (The ADA) should be able to give him an idea how to plead, what to plead, what will happen. I've seen the ADA arrange for pleas and then the Officer leaves because his presence isn't necessary.

I've also seen Officers not appear and the matter adjourned.

I've seen the Officer not appear, the charges dismissed, the charges refiled.

This is minor to the Court system - and my guess is that the matter is scheduled on the Officer's day/night in Court.

[LucyVanPelt]

Yesterday did not go as I anticipated. We signed in and were told to wait in the hallway until they called his name. There were about 10 offenders called in to the courtroom at the same time and my son was the first person called up to the bench. The judge, who was sitting in for another judge, asked what his plea was and my son replied, "no contest." Without giving my son a chance to speak, she said she was entering the plea as guilty. She then asked the clerk? For his statement in the report. The clerk attempted to read my son's statement but was having difficulty because of his illegible handwriting (he has spatial dysgraphia which is basically illegible handwriting with misspellings but when typing or asked to spell a word he has no problems, weird, I know.) The judge then spent about 10 seconds looking at paperwork then told my son she was changing the fine to $147 and dismissed him. It was all over in under a minute. So the fine went up $7 and no points dropped. By what little the clerk was able to read it made it sound as if my son was the one passing both the car and garbage truck. When I got home I called the court house and spoke to a court clerk explaining what had transpired. She asked why I didn't interject for my son and I told her that I didn't think it was appropriate and that maybe I watched too many Judge Judy shows, lol. She just called back this morning after speaking to a couple of the judges. She pulled everything before it was filed and told me to write a letter to the court to vacate the no-contest plea to a not guilty plea and request to waive time and have it set for pretrial. When we get the letter assigning the judge we are to contact the prosecutor for guidance before negotiations. So I guess in Ohio they automatically change a no contest to a guilty plea? Also, I told the clerk my son is guilty of not using turn signal & beeping and she said that's okay just enter a not guilty plea... well, okay then. I'm feeling quite stupid today for not speaking up in the court room but it all happened so fast. Uggg... I just want this over.

[JudyKayTee]

Court can be intimidating - and it sounds like you got things straightened out.

You sound like you'd be fun to know - we should get together for cyber coffee.

[LucyVanPelt]

Also, I'm very grateful to the clerk going out of her way to get this rectified. What a great lady.

[LucyVanPelt]

Court can be intimidating - and it sounds like you got things straightened out.

You sound like you'd be fun to know - we should get together for cyber coffee.

Honestly, I was very close to speaking out after the clerk tried reading his statement but I felt I missed my chance. I really appreciate all your help with this and a cyber coffee would be great.

[ScottGem]

First, if he has a problem with handwriting, then he should have typed out the statement. In my opinion, no excuse about that.

Second, I do understand your reluctance to speak out, but traffic court is general very informal.

Third, that was unusual behavior for a court clerk and you should be very grateful to her.

[LucyVanPelt]

First, he was in the back seat of the patrol car when they asked him to write his statement so I'm not sure if they are set up to deal with something like that but perhaps he should have asked. Second, it was our first time in court and it sure didn't feel informal to us. Third, absolutely, we are grateful to the clerk. There better not be a next time around for son but he will be bettered prepared if there is.

[smearcase]

Have you spoken to your insurance company?
Just wondering where the No Contest plea came from (and not judging whether that was good or bad).
This is a quote from the ohiobar.org site:
"The benefit of a no-contest plea (when you admit the facts, but not your guilt) is that it allows you to avoid a trial if your defense has become hopeless, but it prevents the plea from being used against you in any later civil or criminal proceeding."

Consider consulting an attorney of your own choosing to look at the total picture here and possibly representing your son at the next appearance, and congratulations on getting him another shot at it. I would have probably just figured it was a done deal and never have made that call.