Legal Question in DUI Law in Michigan

I'm going to ask this and present the bullet points prima facie for the sakeof everyone's time [this is a DUI case]...
Does anyone know of a case wherein the prosecution knew well in advance that their witness[es] (police officer, and blood expert) would not be present on trial day (21+ days earlier)(can be shown)?
Defense was prepared to proceed; judge dismissed without prejudice; charges refiled (standard fare because prosecution could not successfully argue for continuance); defense argued defendant was prepared (with witnesses) on trial day, and that dismissing without prejudice violated his client's right to due process. Prosecutor successfully argued that, 'that day was not the day for that argument' - Judge agreed, dismissed without.
Related matter: defended wins implied consent case (precedent setting). 24hrs later, private attorney hired by prosecutor's office (allowed in Michigan).
Full circle: can anyone think of any case where defense successfully argued prejudice and case was inevitably dismissed with prejudice within these parameters? Even something close/similarly situated?

Asked on 2/09/16, 9:15 am

Timothy Klisz Klisz Law Office, PLLC

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Incredibly unlikely. Dismissal without prejudice was in order and they refiled the charges. The case should proceed unless it happened a second time.

Answered on 2/09/16, 9:47 am

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