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Can I still be convicted of DUI if the officer doesn’t show up in court?

I got stopped for driving with a headlight out and the officer noticed that I'd been drinking so he had me do a sobriety test which, I did not pass. I got arrested for drunk driving. I'd heard that the officer has to be in court to testify against you or else the charges won't stick. I also just read that the officer who arrested me got put on administrative leave for another case. Does that mean he won't be able to testify in court? What will happen at my court date? Will I be free to go if he's not there?

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    Craig Andersen | Andersen Law PLLC
    10000 NE 7th Ave Suite 330B
    Vancouver, WA 98685
    (360) 397-0111
    It depends on whether the officer is available to testify. Being suspended does not mean he or she can't testify. Your attorney can cross-examine the officer on the suspension. But it is unlikely your case will just go away. However, if the officer fails to appear, it is possible you could get the case dismissed.
    Answer Applies to: Washington - Replied: 3/11/2013
    Michael J. Nichols | Nichols Law Firm
    3452 E Lake Lansing Rd
    East Lansing, MI 48823
    (517) 432-9000
    No. Make sure you have a lawyer who is committed to results to appear with you.
    Answer Applies to: Michigan - Replied: 1/10/2013
    Brendan M. Kelly | Law Office of Brendan M. Kelly
    1700 Farnam Street, Suite 2820
    Omaha, NE 68102
    (402) 455-1711
    Leave just means that the cop is not out on active duty. It does happen that they don't show, but normally it means a lesser offense. You really need a lawyer to help.
    Answer Applies to: Nebraska - Replied: 1/9/2013
    Michael Breczinski | Michael Breczinski
    5005 Lapeer Rd
    Burton, MI 48509
    (810) 743-2960
    Well he could still show up but I would want to know why he was put on leave. It may destroy his credibility.
    Answer Applies to: Michigan - Replied: 1/8/2013
    Francis John Cowhig | Universal Law Group, Inc.
    430 S. Garfield Avenue
    Alhambra, CA 91801
    (626) 308-9936
    Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest and case. He/she would then be in a better position to analyze your case and advise you of your options.
    Answer Applies to: California - Replied: 1/8/2013
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