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Does the police officer that gave me a DUI have to appear in court?
Question:
Does the police officer that gave me a DUI have to appear in court?
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Get Informed - DUI/DWI Law Information
We've got a large library of DUI and DWI law articles, Q&A's and other resources. Start here to learn about DUI laws, arrests, defense, penalties and more.
DUI Basics
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Your DUI and the DMV
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
DUI Arrests, Police Reports, Arraignments, and Fees
After you're arrested, booked and released, you'll need to get ready for your arraignment.
After you're arrested, booked and released, you'll need to get ready for your arraignment.
DUI/DWI Charges and Penalties
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
Fighting a DUI
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
Getting Help with a DUI/DWI Charge
There are some things you can do yourself and some which require the help of an attorney.
There are some things you can do yourself and some which require the help of an attorney.
Yes, the arresting officer in DUI court proceedings regarding criminal charges against an individual for operating a vehicle under the influence of drugs and/or alcohol must appear as the chief witness against the accused.
Rights of the Accused
A person accused of a crime shall at his trial be allowed to be heard by private or court appointed counsel, to defend himself, to produce witnesses and proofs in his favor and to meet the witnesses produced against him face to face. If one of the witnesses, or even if the only witness against the accused, is the arresting officer then that officer would be obliged to appear at trial and submit to examination by the counsel of the accused concerning the details and circumstances giving rise to the DUI charges.
Case Dismissed
The right of an individual to face his accuser is so fundamental that if that accuser fails to appear at trial then the charges against the accused must be dropped summarily and the dismissed. It is important to understand that some other, similar looking officer from the same police barracks or troop will not suffice. The arresting officer must appear at trial himself and he must be available to give testimony and be cross examined on his claims of witnessing certain criminal acts. If he does not appear the case must be dismissed.
Getting Legal Help
It is always best to have the assistance of competent legal counsel as soon as possible if accused of committing a crime in order to insure the best possible legal defense and final judicial outcome.
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