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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 29742
Experience:  29 years in civil, probate, real estate, elder law
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If I plead not quilty to driving under suspension charge does

Customer Question

If I plead not quilty to driving under suspension charge does officer have to show up in court?

Does state have to prove I was operating the vehicle? I do have a suspended license and was taken to jail (this is first offense). I want to fight it and see if A) the officer doesn't show up so that it might be dismissed (it was state hi-way patrolman at night and this is a morning court time) or B) can I request that the state prove I was operating the vehicle and maybe the office won't show up and I may get lucky and get it dismissed. If the officer does show up I would just pay it and go on. I did not recieve any other ticket or citation other then the driving under suspension. Should I get an attorney for this case. ? I'm in Tulsa, OK.
Submitted: 4 years ago.
Category: Legal
Expert:  Ray replied 4 years ago.
Thanks for your questions.Lets go through them .Yes the officer here has to appear and they have the burden of proof(innocent until proven guilty).You should seek to reset this at least once.They always set these on their schedule so try to get this moved.And yes the court may well dismiss if officer no shows and you can always change your mind and plead here.You have good ideas here, try to continue here, call clerk and tell them you have conflict and ask for another date.
Customer: replied 4 years ago.

Thanks for the advise. quick follow up. I know the Jr. DA didnt set this on anyones schedule (at my first court apperance the judge just sent me to see the jr DA at a traffic ticket window in the court house -she was suprised I plead not guilty, everyone else was plea bargaining or just paying) she asked when I wanted to come back the next week and I gave her the day. The Tulsa court is pretty busy. Im willing to take a chance and go to court this first time and try to catch the officer unable to make it and go for the dismissal - if the officer does show up I would ask the judge for a continuance....maybe use excuse that I haven't recieved an attorney's advice yet but I have an appt to do so or something like that. any suggestions?

 

Since I will represent myself at court what do I say to the judge when he calls my name and the officer isnt there - ask for dismissal right away? if the states ask judge for a continuance can I refuse and request dismissal? thanks

Expert:  Ray replied 4 years ago.
If the officer isn't here you would move the court to dismiss here.Sounds like you have a good plan here.It is worth a shot.

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