What happens if the arresting police officers don't come to the DUI hearing? How many times can they reschedule? 28 Answers as of September 16, 2012

What happens if the arresting police officers don't come to the DUI hearing? How many times can they reschedule?

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Douglas M. Philpott, P.C. | Peter J. Philpott
They only need to show up for trial.
Answer Applies to: Michigan
Replied: 9/16/2012
Universal Law Group, Inc. | Francis John Cowhig
That will be up to the DMV officer. There is no set restrictions on continuances.
Answer Applies to: California
Replied: 9/16/2012
Steven Alpers | Steven Alpers
At least one time, but unless you demanded that they be present the hearing can be done without them.
Answer Applies to: California
Replied: 9/16/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
Usually none or once. It depends on why they did not show up. Your attorney could move to dismiss.
Answer Applies to: Michigan
Replied: 9/16/2012
Miller & Harrison, LLC
Miller & Harrison, LLC | David Harrison
They often do not have to be at the hearing but if they were it is the judge that decides how many times they can reschedule
Answer Applies to: Colorado
Replied: 9/16/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    That is really up to the judge. Your lawyer should object to a request for a continuance if an arresting officer does not show up for trial. However, almost every judge will give at least one opportunity to either side, prosecution or defense, to continue a case. After one continuance then it gets dicey. A 2nd request may be allowed but it must be a pretty good reason and your attorney should certainly object and request a dismissal.
    Answer Applies to: Massachusetts
    Replied: 9/16/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    In Illinois, the State has 160 days to bring the case to trial, ASSUMING you have entered a formal written demand for trial, AND have not agreed to, or asked yourself or in your behalf, for a continuance.
    Answer Applies to: Illinois
    Replied: 9/16/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Usually each side will get a continuance for virtually no reason, but the judge can allow more if he believes it is justified.
    Answer Applies to: Kansas
    Replied: 9/16/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Normally only once.
    Answer Applies to: Nebraska
    Replied: 9/16/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Provided that you do not cause any delay yourself, the court will almost always reset a case at least once if the officers do not show up for court. Unless there is a good reason why police are not in court on a second setting the charges are normally dismissed. Please note, it can also depend on whether there are aggravating circumstances on the arrest causing the court to allow a case to continue to be reset.
    Answer Applies to: Alabama
    Replied: 9/16/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    As many times as the judge allows. Certainly there has to be "just cause" for the continuance. Simply not showing does not fall with in the definition of just cause and should result in the case moving forward without the officers testimony. If, without his/her testimony, the case against you cannot be proved, the case will be dismissed.
    Answer Applies to: Washington
    Replied: 9/16/2012
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    It's up to the judge. They will have a tough time making the case if the officer does't show but you will probably still need an attorney to push the issue.
    Answer Applies to: Missouri
    Replied: 9/16/2012
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    The Magistrate can allow postponements for as long as there is justification in his/her eyes.
    Answer Applies to: Pennsylvania
    Replied: 9/16/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    If the officer does not appear, the matter could be dismissed or for good cause, the court could reschedule. Typically, a court will only reschedule once.
    Answer Applies to: Michigan
    Replied: 9/16/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    It could be dismissed.
    Answer Applies to: Michigan
    Replied: 9/16/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    It depends. The officers do nto need to appear at the arraignment or calendar call. However, they do need to appear if the case is called for trial. The judge typically will allow one or two continuances.
    Answer Applies to: Georgia
    Replied: 9/16/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    The arresting officer would have to appear at the court TRIAL, not other court hearings. It should not be continued if he fails to appear. At the DMV appeal hearing, the hearing office could continue the hearing at his discretion, as many times as he likes.
    Answer Applies to: California
    Replied: 9/16/2012
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    There's no hard-and-fast rule, but failing to attend even one trial setting could lead to dismissal. The judge has a lot of discretion to reschedule the trial, though.
    Answer Applies to: Oregon
    Replied: 9/16/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    If you are talking about thge DMV Hearing, good cause has to be shown for any continuance. If you don't have a lawyer, you wouldn't know on what grounds/caselaw to object under, and naturally they will continue it over your objection.
    Answer Applies to: California
    Replied: 9/16/2012
    Raiser & Kenniff, PC
    Raiser & Kenniff, PC | Steve Raiser
    The DMV usually gives them two chances to appear sometimes three. They will give you your license back in the interim of the adjournments but they proceed with the hearings without the officer if the paperwork is deemed sufficient.
    Answer Applies to: New York
    Replied: 9/16/2012
    Joneson & Michael, LLC
    Joneson & Michael, LLC | Rachel A. Michael
    In Colorado, DMV hearings can generally be rescheduled or "continued" by the officer once. If you have requested that the Officer appear, either by phone or in person, failure to do so may result in a hearing in your favor as the moving party (i.e. the State of Colorado) will be unable to present any evidence relating to a basis for your revocation. Due to the availability for an officer to appear by phone in most circumstances, or the license holder failing to request the prescene of the Officer, defaults rarely occur in favor of the driver.
    Answer Applies to: Colorado
    Replied: 9/16/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If you refused the breathalyzer your license will be taken at arraignment and a refusal hearing will be scheduled within 15 days. If the officer shows up and testifies that you were properly warned your license will be revoked for at least a year and a civil penalty of $1,250 will be charged and you will have to pay that before you get your license back. If you take a plea the officer will not have to go to court. If the case is set for trial and the officer is not available the prosecutor will ask for an adjournment. After 90 days of the prosecutor not being "ready for trial" your lawyer can make a 30.30 motion to dismiss the case.
    Answer Applies to: New York
    Replied: 9/16/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    What kind of hearing? Obviously if the officer fails to appear for trial, the case would go away unless the court grants a continuance.
    Answer Applies to: Washington
    Replied: 9/16/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    As many as the judge allows. You attorney should fight numerous attempts to adjourn.
    Answer Applies to: Michigan
    Replied: 9/16/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    You can move to have the case dismissed. The judge will determine if the case is dismissed. Officers usually only need to appear at contested hearings and trials.
    Answer Applies to: Minnesota
    Replied: 9/16/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    A lot.
    Answer Applies to: New Jersey
    Replied: 9/16/2012
    Mary W Craig P.C. | Mary W Craig
    They can reschedule at least once based upon a conflict, having to be out of town, that sort of thing. The second time, you should move to dismiss. The third time, you should move to dismiss for want of prosecution.
    Answer Applies to: Alabama
    Replied: 9/16/2012
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