This morning, I got to do one of my favorite things. I called my client to tell him we won his DMV Hearing and he gets to keep his full drivers' license privileges. This was especially important to this client because he needs to drive for work.
We won because the officer did not appear in person nor by telephone and did not request a continuance. Even at DMV hearings, we have the due process right to cross examine the evidence against us. When the officer fails to appear, after our request to appear, due process is violated mandating dismissal. Sometimes, it is better to be lucky than good. But, luck requires preparation and we were prepared.
I do not recommend requesting the officer initially for a Boulder DMV Hearing. If you do, when they schedule the Boulder DMV Hearing, they will schedule all of that officer's appearances in a row. Few officers will fail to appear for 5 hearings in a row. We can always subpoena the officer later, after reviewing the Express Consent packet to make sure all the required information is present and there is no way the officer can hurt us. For Boulder DMV Hearings, remember to request the hearing within 7 days of notice of revocation, but do not request the officer's presence. Wait until your Boulder Criminal Defense Lawyer makes that decision.