Should I request the presence of the officer at my hearing?

Colorado attorneys are split on this issue. Some dui attorneys recommend not requesting the presence of the officer under the theory that, if the DUI DMV packet is missing an important element, there is no one there to fill in that gap with verbal testimony. Others prefer to request the presence of the officer so that, if the officer does not show up for the hearing, the case gets dismissed. This can also be helpful for an attorney to have an opportunity to cross examine an officer before a criminal trial to attempt to identify weaknesses in the officer and his/her testimony. PWL generally subscribes to the latter theory, but there are exceptions depending on the facts of the case.