I have been charged with a felony DUI 4th offense in 10 years. I have no felonies on my record as my other DUI's are DUI 1st and two DUI 2nd offenses. I have a pre-liminary hearing this Friday if the officer does not show up for the hearing can the case be dismissed?
It is unlikely to be dismissed. Most likely the Court would grant a continnuance to the prosecutor in order to get the prosecutor to court. But even if the Court were to dismiss the charge, you are not in the clear. Because it is only a preliminary hearing (not a trial) even if the charge gets dismissed at that time, the prosecutor could still bring the charges agains you through a direct indictment. In that case, you would be re-arrested and still be facing the same felony charge. If youndo not already have an attorney representing you, you should retain an experienced DUI attorney as soon as possible.
Generally in these situations, the Commonwealth would be granted a continuance. Since this is a felony, you likely have an attorney representing you. You should be asking him or her these questions.
Most likely the case would be continued to give the Commonwealth an opportunity to get the officer to court.
