QUESTION
Will the case be thrown out if I recently got charged with my 1st DUI and I just found out the arresting officer got fired for drinking on the job?
Asked on Feb 07th, 2014 on DUI/DWI - Oregon
8 ANSWERS
Michael J. Breczinski
Well that depends on it the officer obeys a subpoena and comes to court to testify.
Answered on Feb 12th, 2014 at 4:22 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Possible, but States Attorney likes to bluff. If they proceed you will need an attorney to fight for dismissal.
Answered on Feb 12th, 2014 at 4:22 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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That will depend on your DA, the best case scenario is the case gets dismissed, the worst case is that you proceed to trial and the State has to put the officer on the stand and the Jury gets to decide what they think of the officer and his testimony. You should subpoena him for your DMV hearing too, that could be very informative.
Answered on Feb 12th, 2014 at 4:22 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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If you still have the right to a hearing with the DMV Safety office and you request that the office appear at the hearing, he fails to appear, you may be able to avoid DL suspension. An experienced attorney may be able to reduce your sentence or charge if the arresting officer is not available. I would expect the prosecution to have the office testify against you even if he is no longer employed with the Department.
Answered on Feb 12th, 2014 at 4:06 PM
James Edward Smith
No, that's his problem. You still have yours.
Answered on Feb 12th, 2014 at 4:04 PM
Bankruptcy Attorney serving Irvine, CA
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Chambers Law Firm, P.C.
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No, that won't lead to a dismissal of your case. The fact of his termination, if it can be proved, can be used to reflect poorly on his credibility and may weaken the case against you.
Answered on Feb 12th, 2014 at 4:03 PM
Not automatically. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Feb 12th, 2014 at 4:03 PM
Alimony Attorney serving Klamath Falls, OR
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EveLyn Oldenkamp
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Nope, two wrongs do not make a right. His behavior had nothing to do with whether or not you were driving under the influence of intoxicants. As your first DUI though, you should be eligible for the diversion program which keeps it off your record.
Answered on Feb 12th, 2014 at 4:02 PM