What happens if the arresting police officers don't come to the DUI hearing? How many times can they reschedule? - DUI Law Questions and Answers- LawQA.com

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

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


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They only need to show up for trial.

Answer Applies to: Michigan
Replied: 9/16/2012


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That will be up to the DMV officer. There is no set restrictions on continuances.

Answer Applies to: California
Replied: 9/15/2012

Answer By Steven Alpers

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At least one time, but unless you demanded that they be present the hearing can be done without them.

Answer Applies to: California
Replied: 9/15/2012

Michael Breczinski
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Usually none or once. It depends on why they did not show up. Your attorney could move to dismiss.

Answer Applies to: Michigan
Replied: 9/14/2012

Answer By David Harrison
Miller & Harrison, LLC
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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: 9/13/2012

Answer By Gregory Casale
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.

Answer Applies to: Massachusetts
Replied: 9/13/2012

Timothy J. Thill P.C.
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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: 9/13/2012

Law Office of Phillip Weiser
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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: 9/13/2012

Law Office of Brendan M. Kelly
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Normally only once.

Answer Applies to: Nebraska
Replied: 9/13/2012

Law Office of Richard Williams
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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: 9/13/2012

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