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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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A Petition to Rescind Statutory Summary Suspension is

Customer Question

A Petition to Rescind Statutory Summary Suspension is correctly issued and the state fails to produce the policeman in court, is the case to be dropped by the court?
Submitted: 11 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the state fails to produce a complaining witness in court to the violations leading to the suspension, then the court has two options. First, the court may continue it and give the state one more chance to have the witness appear. Second, the defendant would object to the continuance and the court can decide to dismiss the case. The state needs a complaining witness to appear and testify in order to deny the petition to rescind.

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