Asked about 4 years ago - Auburn, ALFlag
I was arrested for dui and will appear in court in auburn, al. I was wondering what happens if the arresting officer does not show up. I'm some how praying that it could be dropped. But any information will be helpful, and I am sure the judge will not drop it since it is a DUI.
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In all criminal cases you have the right to cross-examine your accuser, in this instance, the cop. If he/she does not show up for trial, you can ask for a dismissal. Usually, if the cop does not show up, the prosecuting attorney will request an adjournment so that he/she can find out where that cop was.
I agree with my collegue that the State will ask for an adjournment of the case to find out why the cop did not show up. It is extermely unlikely that the Court will grant a dismissal, at least during the initial stages of the proceedings, given the nature of the charge. I strongly suggest that you contact an experienced criminal defense lawyer admitted to practice law in AL and discuss the basis for the stop, the roadside investigation and any field sobriety test results, the breathalyzer/ alcotest procedures and test results, and the stationhouse investigation to see whether there is any legal defect in the case.
This answer does not, nor is it intended to, create an attorney-client relationship; or, constitute either legal advice or attorney advertising. Rather, given the nature of this forum, it is offered solely for information purposes, as a starting point for you to use when speaking directly to a lawyer in your State. Do not assume that the legal conclusions I mention that pertain to NJ are applicable in your State. Since the facts of each case are different, it is critical for you to consult with qualified counsel with whom information can be shared and assessed under an attorney-client privilege, so that competent advice can be obtained on which you can make informed decisions. Contact an experienced criminal defense lawyer admitted to practice in your State before making any decisions about your case.
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