Legal Question in Criminal Law in Michigan
If you are arrested for DUI and just so happens that the arresting officer was arrested for a DUI weeks later and fired from his department. Wouldn't you automatically win in court due to the fact that the officer cant appear in court?
3 Answers from Attorneys
The officer can be subpoenaed like any other witness. If the officer does not appear for trial the case would then be dismissed. The officer may be reluctant to show because he is separated from the department. However, if he is subpoenaed, he must show or face contempt. Contact me if you need more Information, there could be some leverage in this situation.
There are seldom any automatic wins. There may be additional evidence such as breath testing, blood testing or video evidence. You can read more at: www.WinDrunkDriving.com
The officer can and will be subpoenaed. If he doesn't appear in court, the case may get dismissed or the judge may grant the prosecutor and adjournment and give them one more shot if he believes there is good cause for the officer not being there. Whatever the outcome, make sure you are represented by an experienced Michigan OWI lawyer.
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