QUESTION
If I was stopped for speeding, arrested for DUI, cop that pulled me over did not file a report, can I have the case dropped?
Asked on Jul 04th, 2013 on DUI/DWI - Michigan
More details to this question:
I was arrested for DUI about a month ago. I was pulled over for speeding. The officer that pulled me over and the officer that administered the FST and arrested me were not the same. The officer that pulled me over did not file a police report. The arresting officer did file a report. Will his not filing a report help me in potentially getting the stop suppressed?
5 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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Not necessarily. The prosecutor can have both officers testify to try to prove the prosecution's case. You should have an attorney to review all of the records and do a discovery request to look at all of the evidence.
Answered on Jul 05th, 2013 at 5:53 PM
Geoffrey MacLaren Yaryan
I expect the officer who arrested you included in his report what the officer who pulled you over used as the basis to stop you. In which case he would not have to file a report.
Answered on Jul 05th, 2013 at 4:01 PM
That's entirely normal. You need to hire a DUI specialist, because you won't win on this issue.
Answered on Jul 05th, 2013 at 3:21 PM
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Though he did not fill out a report does not mean he cannot come to Court and testify as to the reason for the stop. If he told the other officer the justification for the stop and he put that in the report, then he will probably come to Court and just repeat what the other officer wrote down. A motion to suppress is probably in order. Hire a good DWI attorney to help you with this matter and put up a fight.
Answered on Jul 05th, 2013 at 11:13 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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It is possible it might reflect on the officer's credibility and how accurately he can recall the events without benefit of a report. It is something that he should be questioned on and why he did not file one. An inquiry should be made as to whether he made any notes. Retain an experienced DUI attorney in your area.
Answered on Jul 05th, 2013 at 11:12 AM