QUESTION
If the officer no longer employed how will this effect my case?
Asked on Jan 13th, 2013 on DUI/DWI - Florida
More details to this question:
I had an arrest for DWI one year ago, my first arrest ever. The officer is no longer on the force on in the county.
12 ANSWERS
John J. Carney
If they bring him in to testify it will not matter. If he is unavailable you might get a dismissal.
Answered on Mar 11th, 2013 at 8:11 PM
Geoffrey MacLaren Yaryan
The prosecution would have to find him and subpoena him into court in order to make their case. If he is not working for the county and he was fired for misconduct then it would be doubtful they could prosecute. If he merely resigned then they must find him.
Answered on Jan 24th, 2013 at 10:26 AM
3 Awards
Depending on the facts, the DA may need the cop to testify to prove the DUI. If the case has not been pled or gone to trial, you could go to trial. If the cop refuses to testify, you could win. Sometimes a former cop will appear for trial and other hearings. Sometimes not.
Answered on Jan 16th, 2013 at 11:48 AM
Michael J. Breczinski
If they can't get him in to testify then the answer is yes. If they can find him then the answer is no unless he was dismissed for some criminal activity.
Answered on Jan 16th, 2013 at 11:48 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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He is still a witness to an offense and can, and probably will, be subpoenaed to testify if you set your case for trial.
Answered on Jan 16th, 2013 at 11:48 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Even though the arresting officer is no longer on the force, he can still be subpoenaed to testify against you.
Answered on Jan 16th, 2013 at 11:47 AM
Criminal Law Defense Attorney serving St. George, UT
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Edward D. Flint Attorney at Law
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If the officer fails to show up for trial, you win. But just because the officer left that department, barring additional details such as his being fired for corruption or lying under oath in previous cases, his testimony could still convict you.
Answered on Jan 16th, 2013 at 11:46 AM
That is good for your case. Set the case for trial, and they will be forced to dismiss the case if the main officer is unavailable to be subpoenaed.
Answered on Jan 16th, 2013 at 11:46 AM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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This all depends on his availability to testify as a witness and the contents of incident report with regards not only to the content but to the judge's determination of its admissibility. It is also possible that law enforcement may still try and get the video tapes of the breath test and field sobriety tests admitted as evidence. You should not take any action and/or inaction based on this information. You should consult with a local attorney in person as soon as possible regarding these matters.
Answered on Jan 16th, 2013 at 11:45 AM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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The government will have to subpoena him to testify otherwise they will not be able to prove the case.
Answered on Jan 16th, 2013 at 11:45 AM
1 Award
It might not affect the case at all, if he still testifies, but it is impossible to say whether he will. There is nothing legally preventing him from testifying, but he might not want to if he is not being paid for his time. If he does not testify, it will make your case much stronger. That leaves the prosecutor with a lot less evidence.
Answered on Jan 16th, 2013 at 11:45 AM
Criminal Law Attorney serving Altamonte Springs, FL
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The Trabin Law Firm, P.L.
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Possibly. The officer could theoretically still show up to court, however, it is a lot less likely whether the officer will show. If the officer does not show up for your trial then the case will likely be dismissed.
Answered on Jan 16th, 2013 at 11:44 AM