Sunday, July 19, 2009

 

A subpoenaed witness does not appear, or is on vacation, what are the San Diego Drunk Driving Criminal Defense Attorney's options

San Diego DUI criminal defense attorneys spend a great deal of time and energy preparing for a jury trial. It can be frustrating when your San Diego DUI criminal defense lawyer answers "ready" for trial, only to be told by a Judge that the case will be continued because the DUI attorney prosecutor is not ready.

When a subpoenaed witness does not appear, or is on vacation, what are the San Diego Drunk Driving Criminal Defense Attorney's options? And what is the new case law as it applies to San Diego drunk driving cases?

Jensen v. Superior Court (2008) 160 CA4th 266

"[Though] the vacation of a police officer is not, by itself, good
cause for continuing a case beyond the statutory time period [citing
Cunningham v. Municipal Court (1976) 62 CA3d 153, 155-156, and
Baustert v. Superior Court (2005) 129 CA4th 1269, 12771," due
diligence is shown for a trial continuance where a prosecutor has
timely caused a subpoena to be served on the officer's department
even if the supervising officer fails to deliver the subpoena as
required by PC ยง1328(c).

When you're ready to consult a San Diego DUI criminal defense attorney, spend a few moments online.



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