QUESTION
What happens if the arresting police officers don't come to the DUI hearing? How many times can they reschedule?
Asked on Sep 12th, 2012 on DUI/DWI - New Jersey
More details to this question:
What happens if the arresting police officers don't come to the DUI hearing? How many times can they reschedule?
13 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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At least one time, but unless you demanded that they be present the hearing can be done without them.
Answered on Sep 16th, 2012 at 7:44 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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That will be up to the DMV officer. There is no set restrictions on continuances.
Answered on Sep 16th, 2012 at 7:44 PM
Michael J. Breczinski
Usually none or once. It depends on why they did not show up. Your attorney could move to dismiss.
Answered on Sep 16th, 2012 at 7:44 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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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.
Answered on Sep 16th, 2012 at 7:43 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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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.
Answered on Sep 16th, 2012 at 6:46 PM
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.
Answered on Sep 16th, 2012 at 6:45 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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The Magistrate can allow postponements for as long as there is justification in his/her eyes.
Answered on Sep 16th, 2012 at 6:45 PM
Leonard A. Kaanta
It could be dismissed.
Answered on Sep 16th, 2012 at 6:45 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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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.
Answered on Sep 16th, 2012 at 6:44 PM
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.
Answered on Sep 16th, 2012 at 6:44 PM
Criminal Defense Attorney serving New York, NY
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Raiser & Kenniff, PC
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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.
Answered on Sep 16th, 2012 at 6:44 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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As many as the judge allows. You attorney should fight numerous attempts to adjourn.
Answered on Sep 16th, 2012 at 6:43 PM
Gary Moore
A lot.
Answered on Sep 16th, 2012 at 6:33 PM