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Getting
a DUI can be a scary experience, and many people who have been
charged dread their day in court. For some drivers, however, this
dread turns into joy after their DUI charges have been dismissed.
There are a number of reasons why DUI charges could be dismissed,
including:
Absent Law Enforcement
If the officer or officers involved in your DUI arrest are not present at your hearing, your DUI charges may be dismissed. Officers may not appear in court for a variety of reasons, but if those reasons are not legitimate excuses, the judge will likely dismiss the charges. This is because you have a right to face your accuser in court, and because the arresting officer acts as your accuser on behalf of the state, if he or she is not available, then your rights are being violated, and therefore, the case cannot proceed. Keep in mind that if the officer has a valid excuse for being absent, such as required training, your case may simply be moved to a future date.
Absent Law Enforcement
If the officer or officers involved in your DUI arrest are not present at your hearing, your DUI charges may be dismissed. Officers may not appear in court for a variety of reasons, but if those reasons are not legitimate excuses, the judge will likely dismiss the charges. This is because you have a right to face your accuser in court, and because the arresting officer acts as your accuser on behalf of the state, if he or she is not available, then your rights are being violated, and therefore, the case cannot proceed. Keep in mind that if the officer has a valid excuse for being absent, such as required training, your case may simply be moved to a future date.