Will an Officer Show up to a DMV Hearing?

As part of any action to contest or dispute a traffic violation citation, or to possibly arrange an alternative sentence in light of potential license suspension based on point totals, a driver may be forced to attend a DMV hearing. A common adage is that if a driver disputes a citation and the citing law enforcement officer does not attend the hearing, his or her ticket is dismissed. While not entirely true, it is highly possible. The probability of a law enforcement officer actually attending a DMV hearing, however, is more likely than many drivers actually anticipate. For starters, it is often part of the law enforcement officer’s job. In addition, attending court hearings and DMV hearings provide opportunities to gain relatively easy overtime pay in many states and municipalities. This means that it is not only in the law enforcement officer’s best interest from an employment standpoint to attend a hearing, but also, there are financial incentives as well.

Increase the Possibility of an Officer Not Showing Up

There are certain strategies a driver can employ to mitigate the chance of an officer showing up at a DMV or traffic court hearing. As part of any citation, a law enforcement officer notes the date of a court hearing a driver is scheduled to attend, if he or she does not simply pay fines and plead guilty. This date is critical in any attempt to prevent an officer from attending a hearing. Typically, law enforcement officers’ attempt to group all citations into one or more court dates, with the foreknowledge that they will likely be required to be present during these dates. In short, a law enforcement officer has specifically picked the date of hearing based on his or her own personal preference, work schedule, and other considerations.

As a driver wishing to contest, the first step should be to change this date. If possible, change it several times. Additionally, learn where the citing officer’s station is located, and if possible, change the venue of your court or DMV hearing as far away from this venue as possible. Another possible method to prevent an officer from showing, using the scheduling conflict strategy, is to change court dates to holidays, immediately before holidays, or immediately following holidays.

Getting Legal Help with DMV Court Hearings

In reality, these relatively simple tactics to prevent an officer from showing up to a court or DMV hearing are well know to law enforcement. Although the effort versus outcome can be great, drivers facing potentially serious problems in light of another citation (often relating to point totals or citations involving possible mandatory suspension or attendance at traffic school) a competent defense should probably be formed. Consulting with a traffic violations lawyer is the best choice for any driver wishing to dispute or contest a citation.