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Court dismisses traffic case
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Posted on May 05 2005
The Superior Court yesterday dismissed a traffic case due to the Attorney General’s Office failure to prosecute it after almost one year.
Associate judge David Wiseman dismissed the traffic case against one Alvin A. Cabrera with finality without the possibility of being re-filed in court.
In an order, Wiseman said that AGO failed to appear in a hearing last April 29, 2005, which was attended by Cabrera’s lawyer, Joe Hill.
The judge noted that the court had denied Cabrera’s request to dismiss the case last July 19, 2004. He said the court rejected the request at that time when the defendant assailed the traffic citation, which did not list the subsection of the law he was alleged to have violated.
“The court accepted the government’s position that dismissal is a harsh remedy and that the government should be allowed to amend the citation,” the judge said.
The court then ordered the AGO to file an amended citation, giving the latter until July 29, 2004 to do so.
“It is now nine months subsequent to said order and the government has not filed any amended citation,” Wiseman said. “Such omission, along with the government’s non-appearance at the scheduled hearing on April 29, 2005…leads the court to conclude that the government has no interest in prosecuting this matter.”
