Arresting officer had to resign and is charged with double assault?

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Arresting officer had to resign and is charged with double assault?

I was arrested in October, 2008 for a DUI after I caused a 2 vehicle non injury accident. I found out yesterday the officer that arrested me has resigned back in January, 2009 after assaulting his girlfriend and his father. Since he resigned and is no longer employed, being the states only witness, could I have this case dropped. I go to trial on June 16th and would appreciate some help. Also, after the accident, the officer still conducted the Field Sobriety Tests. I hear this can be questioned too. Can we question his mental and emotional abilities at the time of my arrest?

Asked on May 18, 2009 under Criminal Law, Pennsylvania

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

First even though the officer is no longer employed does not mean that he will not be a witness able to testify to the incidents of the accident. At the time of the accident he was employed and will be able to be called and testify as such. He was the arresting officer and his testimony will be admitted as to that fact.

You are asking whether you can question his mental facilities. That is a tactic you obviously are entitled to employ. I assume you have an attorney handling this matter and that attorney will better be able to specifically judge what defense you should use. He knows the specifics and if in fact the officers testimony or actions that evening can be questioned.


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