Legal Question in Criminal Law in New Mexico
If the arresting officer of a dwi/possession of a controlled substance charges is resigning from the force, can the case be dismissed if we go all the way to trial. There was another officer call to the scene but was only mentioned in the criminal complaint one time.
Asked on 10/16/11, 12:27 pm
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
No. The officer may testify at trial about charges he filed before he retired. If the other officer observed the field sobriety tests and the intoxilizer results, then he can testify also. DWI's are difficult to win.
Answered on 10/16/11, 12:42 pm
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