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? - DUI Law Questions and Answers- LawQA.com

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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?


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There may be other officer's that might be able to testify on behalf of the prosecution. The fact that one officer involved with the case was fired is certainly a very good piece of info in the event that you are charged.

Answer Applies to: New York
Replied: 2/11/2014

Michael Breczinski
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Well that depends on it the officer obeys a subpoena and comes to court to testify.

Answer Applies to: Michigan
Replied: 2/11/2014

Answer By Robert McCall

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Possible, but States Attorney likes to bluff. If they proceed you will need an attorney to fight for dismissal.

Answer Applies to: Florida
Replied: 2/11/2014

Answer By Hudson Bair

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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.

Answer Applies to: California
Replied: 2/10/2014

Anderson Law Office
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I would contact an attorney in your area and use that issue to the hilt.

Answer Applies to: Minnesota
Replied: 2/10/2014


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Maybe. The state has the burden of proving you guilty beyond a reasonable doubt, so if they feel that the officer is unreliable, they may drop the case.

Answer Applies to: Illinois
Replied: 2/10/2014

Answer By Eve 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.

Answer Applies to: Oregon
Replied: 2/10/2014

Answer By Jeff Yeh
Law Office of Jeff Yeh
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Not automatically. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.

Answer Applies to: California
Replied: 2/10/2014

Answer By Dan E. Chambers
Chambers Law Firm
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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.

Answer Applies to: California
Replied: 2/10/2014

Answer By James Smith
Law Office of James E. Smith
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No, that's his problem. You still have yours.

Answer Applies to: Nevada
Replied: 2/10/2014

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