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?

Asked 12 months ago - 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)

  1. Greg Thomas Hill

    Contributor Level 20

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    Answered . 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.

  2. Michael Jon Fremont

    Pro

    Contributor Level 17

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    Answered . 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

  3. Michael Kevin Cernyar

    Pro

    Contributor Level 20

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    Answered . 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... more
  4. Kelvin P. Green

    Contributor Level 18

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    Answered . 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-... more
  5. Andrew Stephen Roberts

    Pro

    Contributor Level 20

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

    Andrew Roberts (818) 597-0633/ (805) 496-7777
  6. Dean George Tsourakis

    Pro

    Contributor Level 20

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    Answered . 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.

  7. Cambria L Lisonbee

    Pro

    Contributor Level 13

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    Answered . 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.

  8. Erik Randall Beauchamp

    Contributor Level 7

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    Answered . 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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