What If The Officer Doesn't Show Up For a DMV Hearing

[adriennevittadini]

my friend has a dui attorney and if the D.A. and the arresting officer doesnot appear at the DMV hearing what would happen to my friend.

[ashman165]

my friend has a dui attorney and if the D.A. and the arresting officer doesnot appear at the DMV hearing what would happen to my friend.

Have your friend talk to his attorney about his case.

[adriennevittadini]

Have your friend talk to his attorney about his case.

what would happen if the D.A. did not appear on the day and the officer what can my lawyer say and do and my friend got the dui charge and dui charge .08 or higher charge

[aaron]

The DMV hearing officer can be expected to attempt to enter the sworn statement of the arresting officer into evidence, in lieu of live testimony.

[cdwjava]

my friend has a dui attorney and if the D.A. and the arresting officer doesnot appear at the DMV hearing what would happen to my friend.

In a subsequent post you mention "my lawyer" ... so, are we talking about YOU or your "friend"?

As Ashman suggested, your friend should talk to his lawyer.

It would also help to know what state this has occurred in.

- Carl

[adriennevittadini]

it occured in california northen bay area and in alameda county

[adriennevittadini]

The DMV hearing officer can be expected to attempt to enter the sworn statement of the arresting officer into evidence, in lieu of live testimony.

when i meen by D.A. i mean the person who is going against her which is the CHP of the dept and their D.A.

she has an attorney that she paid for but the person that is going against is the D.A., im talking about how my friends lawyer will be there but will the D.A. of the other side be there to fight against and tell her side of the case with the officer in my perspective and if the officer is suppose to be there then i guess this is true from me but if the D.A. of the other side doesnot appear will my friends Lawyer get her license reinstated

[cdwjava]

it occured in california northen bay area and in alameda county

Okay ... the DA doesn't go to DMV hearings, the officer rarely has to go to them, either.

I presume this is a hearing based upon the issuance of a DS 367 (Admin Per Se) because a license was seized upon the belief that a chemical test will result in a BAC of .08 or greater. If so, the DMV hearing will be primarily concerned with three things: (1) did the officer have reasonable suspicion to detain you, and, (2) is there probable cause to believe you were driving while impaired or with a BAC of greater than .08, and, (3) that the chemical test has or will result in a BAC of .08 or higher.

If the paperwork is complete, then there is rarely a need for the officer to appear or even call in.

- Carl

[adriennevittadini]

well i was in the car with her i was in the passenger side and she was in the driver side and then the officer pulled her over and he stated on the papers that he went to the passenger side of the vehicle and smelled odor of alcohol.

But Me and her saw the officer on the drivers side of the window AND SMELLED ODOR OF ALCOHOL and he never came up to the passenger side of the window.

WHEN HE SAID YOU EATING ANYTHING SHE SAID I ATE JACK IN BOCK TWICE ONCE AT 8pm AND ONCE AT 1:00AM HE ONLY STATED CHICKEN.

Also when she told me when the officer ask her for any medications she was taking or any medications she was allergic to, she stated she was allergic to XOlair and the medication she was on was some health medicine the doctor gave her and on the police report he never stated any of that. he did not put any of the information on their about it.


Also i will tell u his first observation since my friends received the police report and you can probably get an idea, in the report it stated that

officer kent was in the passenger side and office J. lane was in the drivers side and then they pulled her over because she was speeding. so after they pulled her over.

But officer kent was never there at the time when they pulled us over she told me it was a different officer and his name was officer jenson and that the officer kent character came later so how is it possible for an officer to deny information like this

she even told me that on their badges that officer J. Jane and officer jenson are the ones that were outside of the car and officer kent came later to drop me off because in california alameda county they are not allowed to keep others that came with the driver at night in areas like that.

[cdwjava]

well i was in the car with her i was in the passenger side and she was in the driver side and then the officer pulled her over and he stated on the papers that he went to the passenger side of the vehicle and smelled odor of alcohol.

Again, the DMV hearing is NOT a trial. The DMV will ask first, was there reasonable suspicion to stop the car (in other words, did the officer beleieve a Vehicle Code violation had occurred or some other reasonable cause to detain the vehicle).

Second, the hearing will be concerned whether or not the officer had probable cause to make the arrest for DUI (they will not be concerned with great detail, only whether the officer made the opinion the driver was impaired and why).

Third, they will be concerned that a chemical test is likely to result - or DID result - in a BAC of .08 or higher.

Any details such as the ones you brought up are not likely to be an issue at the DMV hearing though they may be issues of concern at trial ... I doubt they will change the outcome all that much, but that will depend on other details.

I think the best your friend can hope for is that the DMV will delay their decision pending the outcome of the trial. Ergo, she will likely be delaying the inevitable. Who knows, she might get lucky and keep her license valid until after trial.

- Carl