Could the case get dismissed if the officer doesn't show up for a ticket? 13 Answers as of March 12, 2012

The officer is not required to appear for a misdemeanor. Only when subpoenaed for trial.

Misdemeanors and infractions are treated diffrently. The trial procedure for Misdemeanors are a bit more complicated than infractions (with arraignments and pretrial hearings before a trial date) whereas infractions are just 1 arraignment and straight to trial. Although it is possible to get a misdemeanor dismissed if the officer doesn't show up to trial, it is much less likely than the chances of that happening as compared to an infraction (and can take a long time with many court appearances). You should have an attorney handle this matter for you.

Yes. If the officer, or any other material witness does not show up for trial in a misdemeanor case, it must be dismissed for lack of proof. But be cautioned, most of the time the officer does show up. I have had many clients who have turned down a good plea deal banking on the fact that either the cop or a critical witness wouldn't show up to court only to be wrong and suffer the consequences. This actually happened in a special circumstances murder case I had - client turned down an unbelievably good plea offer just before trial, banking on the fact that a critical witness wouldn't show up despite my advise that the cops would find her and bring her in. They did, she testified, and he is now spending the rest of his life in prison. Your case isn't a murder case, obviously, but don't put all your eggs in the cop-won't-show basket and turn down a favorable deal unless you know for certain this will happen.