I am representing my tenant in traffic court as his English fluency is somewhat weak. Two officers stopped him so I was wondering what would happen if only one of them showed up for the trial. I want to cross examine both officers and wonder if the Justice throw the case out since that would not be possible?
I'm going to guess that you are not a lawyer, or you would not be asking me for advice! :-)
Acting as an Agent in Traffic Court
The best that you are going to be allowed to do in traffic court is to sit beside your tenant and suggest questions to him to ask on his own. Although the law permits it if the justice agrees, I have yet to see a justice in traffic court allow an agent to conduct a trial.
Request Disclosure
You will be able to find out what both of the officers intend to say in court by requesting disclosure. Once you know what they may present (or not) as evidence, you may decide that you don't need them to attend court after all.
Serve a Subpeona to the Officer
If you feel that one of the officers is not going to show up and that the officer will have evidence necessary for the trial, you will have to see that the officer is subpeonaed as a defence witness. If they don't appear, they cannot testify.
Interpreter for Traffic Court
You may also wish to consider arranging for a translator to be present at the trial. The interpreter is paid for by the court system so there is no cost to the disputant.
The Court Registry
Both the subpeona and the translator may be arranged for with the court registry at the place where the trial will be held.
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