If the police officer does not show up for the preliminary hearing of a DUI, can you have the charges dismissed? 9 Answers as of April 14, 2014

We have already gone to the preliminary hearing. The police officer did not show up. Could we at this point have the charges dismissed?

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
In court you could have made the request. You cannot make the request where there is no court date. What happened in court on the preliminary hearing date?
Answer Applies to: Georgia
Replied: 4/14/2014
Michael Breczinski
Michael Breczinski | Michael Breczinski
No since it was not a trial and just a pretrial.
Answer Applies to: Michigan
Replied: 4/10/2014
Law Office of Thomas A. Medford, Jr., PC
Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
Based on the facts as you have presented they I do not believe the charge would be dismissed forever.
Answer Applies to: District of Columbia
Replied: 4/10/2014
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Because I do not fully understand all of the circumstances it is impossible to form an opinion. Take the details to a local attorney and determine whether or not there is any potential defense caused by the officer's absence. Generally if it was not objected to, however, and you were representing yourselves it is quite probable that the absence will not have any actual effect.
Answer Applies to: Michigan
Replied: 4/9/2014
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
He wasn't subpoenaed and it was not necessary for him to be there (which is generally the case) then the answer is no.
Answer Applies to: Washington
Replied: 4/9/2014
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