Charges for driving under the influence (DUI) can be resolved in a number of ways in California. In some cases, a driver’s charges may even be dropped. Some drivers wonder if, for example, their DUI charge will be dropped if the arresting officer doesn’t show up in court.
Use this article to focus on what happens if a law enforcement officer ignores a DUI court date in California. Consider the best ways to build a DUI defense with the Simmrin Law Group and call us at (310) 997-4688 to learn more.
Arresting Officers and DUI Arraignment Hearings
You will need to attend a number of court dates if you are charged with a DUI in California. Your first court date will be your arraignment hearing. At your arraignment hearing, you will:
- Be informed of the charges you’re facing
- Be allowed to enter a plea of no contest, guilty, or not guilty
You should be aware that the law enforcement officer who arrested you does not have to legally attend an arraignment hearing. The prosecution can issue charges without the officer’s presence and your case will not be dropped. If you plead guilty or no contest, you may never see the arresting officer again, as this will end your case.
Arresting Officers and Your Criminal Trial
Drivers who plead not guilty to a DUI charge can take their case to court. During this criminal trial, the officer who arrested you for a DUI can be ordered to appear as a witness. The court can use a subpoena to order the officer – and other witnesses – to appear in court.
It is unlikely that your case will be automatically dismissed if the arresting officer does not show up. Instead, it is likely that the prosecution will request a continuance to delay the trial until such time as the officer can appear. In most cases, judges grant a continuance in this situation.
If the police officer repeatedly misses your court date, and the prosecution has no other evidence, your DUI charges could be dropped, but this situation is very unlikely. You will have better odds of resolving a DUI charge if you work with a criminal defense lawyer in Los Angeles. Focus on how you can defend yourself by calling (310) 997-4688 today.
Arresting Officers Plan for DUI Cases
Most of the time, law enforcement officers show up for DUI cases in California. DUIs are taken seriously by the criminal justice system. Additionally, most law enforcement officers have a set day when they appear in court every month.
The court will make the effort to schedule your case on the day that the arresting officer will already be available. This means the officer has no reason not to attend your trial. They will most likely be in court already, to handle other cases.
Other Methods to Dismiss a DUI Charge in California
As you can see, hoping that your arresting officer does not show up in court is generally not the best way to handle a DUI charge. However, a DUI lawyer in Los Angeles may be able to get your DUI charges dismissed using other professional strategies.
In some cases, a DUI lawyer can petition to have your case dismissed if:
- There is not enough evidence to prove you were driving while impaired
- You were stopped by a law enforcement officer without reasonable cause
- Your rights were violated during your DUI arrest
The team at the Simmrin Law Group can also focus on getting your DUI charges reduced in some situations. Many DUI accusations in California are resolved when a driver accepts a plea bargain to secure lessened charges.
Finally, the Simmrin Law Group is ready to defend you in the courtroom if your case goes to trial. We can prepare for the presence of the arresting officer. Allow us to focus on investigating your case, gathering evidence, and defending you immediately after a DUI arrest in Los Angeles.
Focus on Getting Your DUI Charge Dropped in California
It’s unlikely that your DUI charge will be dropped if your arresting officer doesn’t show up in court in California. The Simmrin Law Group can help you focus on other steps you can take to get your charges reduced or dismissed. Contact us today to get a FREE case evaluation to discuss your legal options after a DUI arrest.
Speak to our DUI lawyers in Los Angeles by completing our online contact form or calling (310) 997-4688. We are ready to help you with all aspects of your defense for a DUI.