I told my lawyer that I wanted to see the tape from the officers car . What he put in the report was untrue and I wanted his camera to prove his story. The DA and Officer could not provide it and the judge dismissed the charge that day. I have one more appearance for the DUI charge can I be convicted of that charge with no Blood Alcohol test or evidence . My Lawyer says they still can . How can that be with no evidence . The car was parked and the person I was driving home was intoxicated. I stopped at a convenience store he went in to get cigarettes and a cop was in the store and followed him to my car . I told him I was giving him a ride home and not drinking . His report said he then let me go and then I hit a curb . He never even let me back in my car after he got me out .
Unfortunately, the facts you put in your question are "facts." The DUI allegations are set forth in the police report and criminal complaint, and will stand until the case is dismissed or until you receive an entry or not guilty or acquittal from a jury or judge at a bench trial.
If the case was dismissed, it's odd that you have another court appearance. Sounds like you already have a lawyer - so you should really be asking him this question.
Your attorney is in a much better position to discuss your case and answer your questions. I suggest giving them a call and addressing all of your concerns. If you are for some reason unhappy with your attorney, you are certainly free to consider hiring another. Good luck.
Criminal Defense Attorney
If you feel you are not guilty and there is no evidence then tell your attorney that you want a trial. There may be video at the convenience store that could show the actions of you and the officer. The short answer is yes you can still be convicted just from officers testimony if the testimony is believed over your testimony. Your attorney is the best one to answer these questions since he/she has more knowledge of facts and evidence.
"Nothing in this communication is meant to establish an attorney-client relationship. The information is provided for educational purposes only. No action will be taken on your behalf unless you have have hired me and entered into a written retainer agreement. I am only licensed in Tennessee and I suggest contacting an attorney in your specific city and state as soon as possible to avoid any statute of limitations deadlines, if applicable."