QUESTION

Is there a way for me to have another hearing since I did not receive notification?

Asked on Apr 03rd, 2013 on DUI/DWI - Michigan
More details to this question:
I missed my 2nd court date for refusal to submit to chemical test. The officer did not show up in the first date. I was not aware of the second court date and just received a letter saying my license is suspended. Is there a way for me to have another hearing since I did not receive notification?
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7 ANSWERS

Criminal Defense Attorney serving Oakland, CA at Kapsack & Bair, LLP
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This question is missing critical information. If you are over 21 and this is your court date and you are charged with a misdemeanor, the cop doesn't have to show, the first appearance is an arraignment and you simply enter a plea and get a new court date, if you missed this date then you likely have an outstanding arrest warrant. If you requested a DMV hearing within 10 days of your arrest and the officer didn't show at the hearing then you should have selected a new date (over your objection) and you would have had notice of the new date. If this was a DUI Infraction hearing and the officer failed to show, you should have won. If you didn't win, then you should have been present in court when the new date was selected in which case, you had notice. A DUI lawyer in your area may be able to help you get a new hearing.
Answered on Apr 09th, 2013 at 7:48 PM

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Criminal Defense Attorney serving Brighton, MI at The Law Office of Steven M. Dodge, PLLC
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Was this a court hearing that you missed or an administrative hearing with the Secretary of State?
Answered on Apr 04th, 2013 at 2:08 AM

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Michael J. Breczinski
I would write and ask for another date and mention that they did not dismiss the case the first time when the cop did not show up.
Answered on Apr 04th, 2013 at 1:13 AM

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Workers Compensation Law Attorney serving Sacramento, CA at Ernest Krause Attorney at Law
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That is the "lost in the mail" defense. Go to the court clerk for a copy of the notice. Look at the "proof of service".? Were you at that address at that time?? Tell the clerk the cop didn't appear the first time though he was supposed to. Did he have an excuse? So, then, you are entitled to another court date.
Answered on Apr 04th, 2013 at 12:35 AM

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Geoffrey MacLaren Yaryan
If you did not receive notice then no action can be taken against you.
Answered on Apr 03rd, 2013 at 1:33 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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There should be, engage an attorney to assist you.
Answered on Apr 03rd, 2013 at 1:31 PM

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William A. Siebert
The charge should have been dismissed the first time. You should see a DUI specialist lawyer immediately (which you should have done the first time).
Answered on Apr 03rd, 2013 at 1:31 PM

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