What if the police officers do not show up at your impaired driving drunk driving trial dangerous driving trial? That sometimes happens.
It really depends on whether they're a key witness or not because there's invariably in any drinking and driving case or dangerous driving case. There's sometimes a number of police officers and some of them aren't necessarily required they might have a little piece of the crown case but they can still proceed with it. So, but what happens if it's the breath technician, he’s a key part of any impaired driving trial?
Well, it really depends on many factors. Well, first of all, I want to start by saying, you know, when I first started practicing law, it happened more often, not often, but occasionally the police didn't show up and in those situations as a a Crown Attorney, we, I was a crown attorney back then and maybe offer a careless driving and resolve the case because the police officers, not there now, in more recent times in recent years, fast forward 33 years as myself much more involved as a senior lawyer now. It really happens rarely, first of all, because the police get in trouble, they're subpoenaed. They're supposed to be there it’s part of their job if they don't show up. They're really going to hear it from the supervisor, and it's not a good situation for them. But what if they don’t.
Well, again, it depends what is the excuse for what they didn’t show up? If they're sick, there's going to be adjournment There's no question about that. But if there's no excuse, well, you might get a deal you might get an offer it really depends on every situation is going to be different. Sometimes the crown may be able to get an adjournment but don't think first of all for you like 99.8% of times the police are showing up it's not like a speeding ticket. Impaired driving is taken very seriously, if your trial date set in this day and age close to 100% their going to show up unless the case gets put over in that very rare case where they didn't show up. For example, maybe you'll get a deal maybe you won’t, because the crown could say to the Judge, “Well, I've got a subpoena here, Your Honor, this officer is going to have to answer to his supervisor, I need an adjournment, the judge can easily grant a new adjournment”, or maybe you'll get lucky. So that's what's happening. Now. The bottom line here is don't count on it, it rarely happens. I think, honestly, I'm thinking back to all the DUI trials live done over the last 10 years, I think it's happened twice where the police officers didn't show up. On one of those they got an adjournment. On the other we got a careless driving offer. So my client was ecstatic and lucky in that case. So there's the hopefully short answer to what if the police officers don't show up in your impaired driving trial.