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Suppression denied. So if I go do the DUI charges plea, and the officer doesn't show can it be dismissed? Or only DA is needed?

Monterey, CA |

The officer is trying to avoid me by not showing up at DMV hearings and will do it by phone- we refused because he knows he was wrong and tried to help me dismiss this case but I wasn't prepared to be in the stand (I wasn't told but 6 words of my statement to say which I said) and I was talking about one thing and judge who knows nothing thought something else. This is so unfair.

Attorney Answers 8

Posted

Your question is confusing and impossible to answer. I would have to look at the police report and know more about the evidence.

If an officer does not show up at a DMV hearing, that does not necessarily mean your license will be reinstated. It can mean this, however, depending upon what he was needed to testify to. The DA is not involved in a DMV hearing.

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Posted

Just the plea/ or trial court hearing not DMV.

Posted

Welcome to the world of the DMV and criminal defense especially DUI defense
anybody who says that a defendant is innocent until proven guilty has never
been charged with a crime

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Posted

don't bet real heavily that the officer wants to help you because he wrongly he arrested you. He arrested you. Need me to say anything more. Then, hire an attorney.

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Posted

This happens a great deal to people who try to defend themselves. They are talking about one context of a word or phrase and the judge has to use the legal definition. It's unfortunate, but just one of many reasons one shouldn't be representing themselves. Those an old legal proverb from Abraham Lincoln that is taught to first year law students, "he who represents himself, has a fool for a client." Lincoln was saying that even if you are an attorney, do not represent yourself because bias, competency, and psychological game playing can keep you from seeing the entire picture. Please retain an attorney to get this runaway train back on track. Good luck.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

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Posted

The DMV hearing and court are 2 separate matters. An attorney is necessary for both .

Andrew Roberts (818) 597-0633/ (805) 496-7777

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Posted

Thank you. I'm talking about the Monterey main court only. I only mentioned the DMV because he didn't want to face me on a past date and tried to do a phone trial with DMV. My attorney said no way. I had a plea trial on Sept 26 and a new later DMV trial with cop on Oct 10 in person finally. He may have assumed I would plea guilty on Sept 26 at court so the DMV hearing on Oct 10th would be mute. Little does he know. I extended the court date to Oct 17th but I asked my attorney to extend further to Oct 24th. So I'm just wondering if he doesn't show for the trial case after all these delays, would it be dismissed. Or is the DA only required now not the officer to fight me in trial court?

Posted

You do a plea the case is resolved so the officer doesn't need to show.

It sounds like you are acting as your own attorney and you are on a certain path to a conviction. You were not prepared to be on the stand and now you say it is unfair? I bet the judge knows more about this than you give him credit for. If representing yourself he probably gave you even some leeway ...

The officer will avoid you. He has no obligation to talk to you. It also sounds like you refused the DMV hearing because it was by phone. Personally I would think you would want the DMV hearing so you can hear his testimony and have some sort of record about it but hey that's me..

It was a suppression hearing. This is to decide admissibility of evidence. Most suppression hearings are centered around the arrest and the circumstances leading to the searches or seizures.Unless you really understand probable cause, unreasonable searches, and the whole litany of Fourth Amendment case law, it will seem unfair.

Get an attorney now before you end up with a sentence that you really think is unfair because you talked them into it...

This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.

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Posted

I did have an attorney, he kind of threw me under the bus or say left out to sea without a raft of information that could have been useful to my suppression hearing. I ask for documents, appeals, just to talk, he didn't time for me I guess. I know now I have to be more pro-active before this gets any worse. So looking for new representation. That's why I ask. Because the officer gave us 3-4 outs to win this suppression, seriously and I was not prepared due to my attorney. I just finally read and got police report last week from 5 months later and still found more errors. But thank you. Looking for new ones now.

Posted

To answer your initial question, yes, if you go to trial to fight your DUI, the officer will need to be present. Both the da and defense attorney will have the opportunity to question the officer. DMV hearings are funky, I am pretty sure most of the time the dmv hearing officer writes up their report PRIOR to the hearing taking place. You definitely have more to work with in your court case.

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Posted

If you are asking whether the cop has to show up at trial, the answer is yes. What if the cop doesn't show? That only happens with traffic tickets. If there is a problem with the cop showing up, expect the DA to ask for a continuance. Do not ever, ever count on a cop not showing up for trial.

Also, cops have way more experience than you do in trial. They are trained in how to testify. Trained. They will sound informative and honest and perhaps even engaging. Most likely, they've testified before and, perhaps, testify a lot. Probably, they even believe what they wrote in the police report, because they even forgot what really happened, so they won't even be lying.

Lots of cops show up to DMV hearings. Some don't. Some appear by phone. But they'll be subpoenaed to court for trial. The will be ordered to obey the subpoena by their superiors. They'll either wear their uniforms or dress in a suit.

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Posted

Wow. You also just answered my appealing a suppression question and if they would provide me a public defender... I just really know the officer feels bad about how this went down. He had so many errors and re-canting his stories and did all to get my suppression hearing a win. My attorney never talked to me or coached me. All I had to say was "no" and it would have been dismissed. But I was talking about a different situation than the made up lie the officer had to come up with to justify his actions. So we were talking about 2 separate issues and that's how they denied me. I requested to appeal and attorney didn't do it before the deadline and the transcript but attorney is taking his sweet time. I want to confirm what I was actually talking about in the appeal. But not sure how this will work out if I do this. This is a misdemeanor. 2nd DUI short of a week and a half of 10 years. I just want my story told. Thanks for your advice. But will a public defender be provided if I appeal with my attorney now and can't get paid representation for appeal???

Erik Randall Beauchamp

Erik Randall Beauchamp

Posted

Generally, you get a public defender for appeals. For writs of habeas corpus you generally don't, but sometimes, if there's a good issue, a judge will appoint an attorney to represent you. If the attorney blew the appellate deadline and you have a good issue that might be grounds for IAC. If the good grounds are clear on the record, then the IAC can be brought up on appeal. If The good grounds are not clear on the record, then the IAC cannot be brought up on appeal, but must be brought up in a writ of habeas corpus and proven up at a contested hearing.

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