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Should i have the officer who arrested me on my dui subpoenaed to show up at my DMV hearing?

Littleton, CO |

i read that i can chose to have the officer show up at my DMV hearing, but its a good idea to question a lawyer first. i agreed to the Breathalyzer and i blew a .127, im 20 years old, and was pulled over for swerving.

Attorney Answers 3


It depends on how you plan on proceeding. If you are going to hire an attorney (and you should) then consult directly with them as many of us have different strategies and opinions as to why you should or should not subpoena the officer.

If you are planning on representing yourself (bad idea), then you absolutely should say yes as the only shot you have of winning without an attorney is by the officer being requested to appear and subsequently failing to appear.

Understand that you are looking at a 9 month revocation of your license with no eligibility for early reinstatement and if convicted that revocation will be extended to one year. You would not be eligible for any type of license during that one year period. You are also facing some severe criminal consequences, including potential jail time, as some judge love to give defendants under the age of 21 jail time.

You should strongly consider hiring an attorney and if you cannot afford one, then you should definitely apply for the public defender to assist you in your criminal case.

The Orr Law Firm, L.L.C - 303-818-2448 - Is Colorado's Premier DUI and Criminal Traffic Defense Law Firm. Rhidian Orr is the senior partner and owner of the firm and focuses his practice exclusively to DUI and criminal traffic matters in the state of Colorado. His decision to answer your questions does not constitute an attorney/client relationship. The Orr Law Firm offers FREE Consultations and we encourage that you contact his firm to discuss your case in more detail.

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Very good DUI defense lawyers differ on whether or not a driver should request the arresting officer appear at the DMV hearing so there is not one universal answer you can rely on. I would highly recommend talking to one or two DUI attorneys before requesting the hearing if you have time so you can make that determination based on those conversations with the lawyers. Other than that issue, there usually are quite a few issues to discuss with a DUI lawyer about your charges. Good luck.

Ann Toney, P.C. is a law firm in Denver, CO defending DUI, DUID, and marijuana drug charges.

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I definitely suggest that you retain a locally experienced DUI attorney. Let them make the decision as to whether or not to subpoena the officer. Depending on the facts of your case, there may be advantages or disadvantages of doing so. Best of luck.

Jasen Nielsen

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