Will My DUI Case Be Dismissed if the Police Officer Isn’t Present?
Many defendants who have been charged with a DUI mistakenly believe that their case will be dismissed if the police officer does not appear in court. While many traffic infractions are dismissed when the ticketing officer fails to appear, the standards are different in a DUI case. That’s why it’s important for defendants to hire a DUI lawyer.
Why a DUI Lawyer is Essential for Your Defense
Courts hold DUI cases to a higher standard than they do speeding or running a stop sign. Because being charged with a DUI is a more serious infraction, it follows that the potential consequences are also more serious. A qualified DUI lawyer is the best source of information about the potential consequences for a DUI conviction. Moreover, only a DUI lawyer is capable of providing the defense needed to get the charges against you reduced or dismissed.
When someone is charged with a DUI, they are given a court date for an initial hearing. Hiring a DUI lawyer before this hearing is an important step for anyone who wants to fight these charges. Should the arresting officer not make an appearance in court, chances are good that the prosecutor will subpoena the officer to appear at a later hearing date.
The subpoena usually requires the officer to appear at the earliest opportunity. Typically, this is within a week to 10 days. If extraordinary circumstances prevent the officer from appearing in court, the prosecutor may file a motion for a continuance, which allows the hearing to be put off to a later date.
Delays like this can be frustrating, but the knowledge and advice that can be provided by a DUI lawyer can make the wait easier. While the delay goes on, your DUI lawyer can be investigating your case, interviewing witnesses and reviewing evidence. Thus, your lawyer may be able to get more accomplished during that initial hearing than he would otherwise have been able to do. Delays like this may actually work in the defendant’s favor.
Get Defense From an Experienced Law Firm
The O’Connor Law Firm can provide the defense you need if you have a DUI. Matthew J. O’Connor has been recognized as one of the top 100 trial lawyers in the U.S and he can help to make sure you’re protected. Call (816) 842-1111 to set up a consultation.