QUESTION
“Is the DUI arresting officer present during the court hearing? Will the arresting officer be present on my court date? DUI…”
ANDREW’S ANSWER
The arresting officer will be present on court dates where the DA needs his or her testimony. Testimony is needed at jury trial and often before jury trial with respect to pre-trial motions.
Here are some examples of pre-trial motions where the cop could testify:
• Motion to exclude client statements under Miranda v. Arizona and via evidence code 402,
• Motion to suppress evidence pursuant to penal code 1538.5 (illegal search/seizure)
• Motion for sanctions due to a prosecution discovery violation; brought per penal code sections 1054.1/1054.5/1054.7.
• Motion to dismiss, for example due to a speedy trial violation.
Your lawyer should advise you on your trial prospects as well as any viable pre-trial motions.