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CalAttorney2, Attorney
Category: Traffic Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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What happens if the police officer don't show up at your DMV

Customer Question

What happens if the police officer don't show up at your DMV hearings to get your license back?
Submitted: 11 months ago.
Category: Traffic Law
Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,
Thank you for using our forum. My name is ***** ***** I hope to assist you today.

Expert:  CalAttorney2 replied 11 months ago.

What state is this located in? (Different states have different rules for their DMV administrative law proceedings).

In most cases, as this is an administrative law proceeding (as opposed to a criminal court proceeding), the officer is not required to be present in order for the DMV hearing to be continued - the DMV hearing officer can rely on documents (including the police report) in reaching its conclusion.

It is usually possible utilizing your state's administrative code to issue a subpoena to the police officer to require them to appear - but this takes the burden of commanding the officer's appearance off of the state and places it on the applicant (the driver) - making it much more difficult for a driver to object at the hearing.

So in most cases - a police officer's non-appearance at an administrative DMV hearing does not result in an automatic return of the applicant's driver's license.

Customer: replied 11 months ago.
Ok .. I'm in Lincoln Nebraska
Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,

My apologies for the delay - what was the basis for the denial of the driver's license (Nebraska has different procedures - all covered by the Nebraska Administrative Procedure Act - which apply to driver's license revocation hearings)

None of these require the officer's appearance.

The most common issues are covered here: (link provides both the appropriate authorities (Nebraska Revised Statute sections, and the Nebraska Administrative Code sections), as well as what evidence the hearing officer relies upon (a sworn statement by the police officer and your driving record).

None of which requires the police officer's attendance.

You are however entitled to an appeal of the administrative officer's decision to the district court (see: - this however, requires prompt attention and swift filing (the administrative appeal deadlines are short - must be filed within 30 days of ALJ's decision).