OFF THE WIRE
http://www.sacbee.com/2010/12/09/3244468/traffic-tickets-being-dismissed.html
Traffic tickets being dismissed after cops failing to testify.....
By Andy Furillo
Thursday, Dec. 9, 2010
For weeks now, it's been a traffic-ticket holiday for scores of drivers in Sacramento County.
By the dozens, traffic court judges have dismissed violations in recent months because police officers who cited drivers failed to show up to press their cases.
The no-shows appear to be the result of a dispute between the District Attorney's Office and the Sacramento, Elk Grove and Folsom police departments over who's going to pay for the prosecutor's traffic court services.
Officials are working on a fix – likely by the new year – but until then, an increased number of motorists accused of running red lights, speeding and other infractions stand to keep winning their ticket trials.
Patricia Conger, pulled over for driving solo in the Interstate 80 car pool lane, was one such winner. Her case was dismissed Nov. 9 because the citing officer failed to appear.
"Of course it was my lucky day," Conger said. "But I was prepared to argue my case. I was kind of stunned (by the officer's failure to appear).
"I told my husband later, I'd personally rather have the officer out there on the street, chasing down people who are a menace to society, than coming in here for four hours to win a case against someone who is not a menace."
If Conger had been scheduled for trial prior to Oct. 1, a deputy district attorney probably would have been in the courtroom in place of the officer and her case would have been rescheduled. Then she would have been on the hook for a fine ranging from $300 to $500.
But as of Oct. 1, the DA's office stopped sending prosecutors to traffic court for infractions filed by Sacramento, Elk Grove and Folsom. The reason: Those cities stopped paying for an array of DA services that included pinch-hitting for the no-show cops.
Since then, more and more people have walked out winners from the Carol Miller Justice Center after having their ticket trials dismissed, according to court employees.
There's always been a number of such dismissals, but the number has gone up in recent months due to the expired contracts between the DA's office and the three cities.
According to a list of cases provided to The Bee, a total of 69 people, including Conger, had their cases dismissed by traffic court commissioners between Oct. 12 and Nov. 17, when officers failed to appear.
The dismissals caught the attention of Sacramento Superior Court Judge Thadd Blizzard, supervisor of the traffic court operation.
"I was hopeful this would all work out in a way where the DA stayed there with the same functions they've always had – I find it helpful to the process," Blizzard said. "At least so far, that's not been what's happened."
Nav Gill, county chief operations officer, said the cities had been paying $400,000 a year for the DA's traffic court help. Besides making court appearances, prosecutors also subpoena the officers for trial dates, help out in cases where the defendant brings in a lawyer and run Department of Motor Vehicles records on traffic defendants.
Chief Deputy District Attorney Cindy Besemer said prosecutors still work cases "for the agencies we represent." They include the California Highway Patrol, the county Sheriff's Department and the cities of Rancho Cordova and Citrus Heights, although the Citrus Heights contract is scheduled to expire Dec. 17, she said.
Besemer said the traffic court DA is something of a plum service. Numerous sources said most other California DAs don't staff traffic courts like Sacramento does. But according to Besemer, the dismissals could have a long-range impact on traffic prosecutions in the county.
"It means that people who engage in the behavior that got them citations are not being held responsible," she said. "Sometimes it's helpful in proving more serious cases down the road as to what they did earlier."
According to police officials from Elk Grove, Sacramento and Folsom, the DA's help was a luxury they can no longer afford in tough times. They said police officers can represent themselves in the traffic courtroom and that all they really need is a better system to make sure the trials are set for days when the officers will be able to show up.
Blizzard said court officials are looking to install new computer software to make the match. He said he expects the system to be online by Jan. 1.
"We're the lead on that," said Sacramento police spokesman Norm Leong. The court's computer system "will be connected and cross-referenced with vacation schedules and that kind of stuff so we can try to plan things out a little better," Leong said.
Such a "common subpoena system" could do a better job for less money, according to Elk Grove Police Chief Robert Lehner. Folsom police spokesman Sgt. Jason Browning said his agency also is in favor of the proposed solution.
Until then, expect to see more dismissals.
"I knew I'd have a chance if he didn't show up," said an accused speedboater named Vince, who asked that his last name not be printed. His case was dismissed Dec. 2 when the officer who wrote him up didn't show for the trial.
"If he did, I would have said I did it," Vince said. "I had nothing to lose, except the $2 parking."
