i was arrested for dui and my case is not resolvedthe arresting highway patrol man just recently got adui of his own what will happen to my case

Asked on June 29, 2009 under Criminal Law, North Carolina


M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Although I do not practice law in the State of North Carolina, the general rule is that an arresting officer's own criminal problems will not provide a basis for the dismissal of all of the pending criminal matters in which he/she was the arresting officer.  That being said, the officer's criminal problems may potentially be used to cross-examine the officer if he was ever to testify at your criminal trial.  Such testimony could be potentially damaging to the state's case, not to mention embarrassing to the officer, who most likely wants to put this matter behind him.  Therefore, I suggest that you discuss this matter with the defense attorney handling your case to determine if and how the officer's criminal problems can be used to help resolve your case favorably.

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