QUESTION
Can a DUI be thrown out if the officer was not present at the preliminary hearing?
Asked on May 16th, 2016 on DUI/DWI - Pennsylvania
More details to this question:
I did not have an attorney present to represent me because of financial reasons. Now, I can afford one. The officer was detained elsewhere during the time of my prelim hearing.
1 ANSWER
3 Awards
Normally, if an officer was not present, the case is continued. If he or she is the main witness and doesn't show for a second or third time, for no good reason, you may have an a chance but not a guarantee of having the case dismissed.
Answered on Jun 08th, 2016 at 6:46 PM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900