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.
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
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.
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.
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.
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.