Police Officer’s Failure to Appear

My client was a student at the Savannah College of Art and Design (SCAD). He was pulled over for Speeding one night on Martin Luther King Jr. Boulevard in Savannah, Georgia. He was then arrested for DUI less safe.

He won his DUI license suspension hearing and got a Dismissal of the Administrative License Suspension in the Office of State Administrative Hearings because the police officer failed to appear in court for the license hearing. The police officer who arrested my client worked for the Savannah Metropolitan Police Department (SCMPD). He failed to appear in court on the day of the license suspension hearing.

The Administrative Law Judge called my client’s case and I stood up and said, “We are ready.” The judge then announced the police officer’s name. There was nothing but silence in the crowded Garden City Courtroom. The judge looked at me and asked “Motion?” I replied, “Motion to Rescind, your Honor.” The judge replied, “Granted.” And that was that.

Later that day, my client went and got a new driver’s license in Savannah, Georgia. He never lost his right to drive in Georgia, even though he refused to take a DUI breath test when he was arrested.

 

Judgment: License Suspension Dismissed for Failure to Appear