Legal Question in DUI Law in Pennsylvania
Dui
My case went to trial today and the officer failed to show up. At the last minute, the DA claimed that the subpoena had been dated incorrectly and the trial was rescheduled. Who is accountable for this? Why was the case not dismissed? Does this provide grounds for appeal? Please respond.
Asked on 12/11/07, 4:59 pm
1 Answer from Attorneys
John Gibson
John W. Gibson, Esquire
Re: Dui
It has been quite a few years since Judges would dismiss a case for failure of a witness to appear although at one time that would happen now and then. The fault would have been in the DA's office if they issued the subpoena. Your attorney may file a Motion to Dismiss but I doubt that it would be granted unless it has been more than a year since the complaint was filed.
Answered on 12/15/07, 1:04 pm
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