How many times can a ticketed CDL driver fail to appear at Traffic Court and then file a motion to vacate ex-parte conviction ?
A CDL driver, who was ticketed for unsafe lane change (with an accident), keeps failing to appear in Traffic Court, and then filing a motion to vacate an ex-parte conviction.
How many times can he employ such a trick in hopes that the witnesses will eventually fail to appear on a new Traffic Court date so that the case is dismissed?
How many times can he employ such a trick in hopes that the witnesses will eventually fail to appear on a new Traffic Court date so that the case is dismissed?
Traffic Lawyer Richard Simon’s Answer
As many times as the judge allows. This is all up to the court and local rules and even allowances around the local rules. Judicial discretion is big and important.