<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Ckoby3:
I've been told that if an officer issues a citation than he must be present in court or the charges will be dropped. Does this apply to an underage drinking charge. If so, or not, please explain why.<HR></BLOCKQUOTE>
My response:
By virtue of the United States Constitution, you have the right to "confront your accusers and witnesses" against you. If, at trial, the "accusing" officer fails to appear, your case must be dismissed. State and Federal laws mandate that a trial cannot go forward on the weight of papers alone, because paper cannot be cross-examined, under oath. You simply state to the judge at the beginning of the trial, "Your Honor, my accuser is not present. I request that my case be dismissed." The judge has no discretion in the matter, except perhaps, to postpone the hearing to determine whether the "accuser" is available. If not, the judge must dismiss.
IAAL
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