I am taking a case to trial, it is a DUI case in AZ. Grounds for dismissal.. PLEASE READ AND HELP!

Asked over 1 year ago - Phoenix, AZ

The "arresting officer" was injured in the line of duty and wont be available for approximately 6 months. He was not the real man that arrested me, but wrote my police report up and said he was and that we spoke and all this other non sense even though I never spoke to that man before until I was already in the SUV under arrest and the real officer that arrested me is no where in the report and we cant find out who he is. Any ways since this man claimed multiple times that he was my arresting officer and since he wont be available for my trial, and the court, my attorney and myself won't be waiting for him to recover, do I have grounds for dismissal? Please help me and be as through as possible. Thank you so much !!

Additional information

BY the way my attorney is a PD who just emailed me this info today. I haven't had a chance to talk to her about it because I can NEVER get a hold of my PD. That's why I am asking on AVVO.com. So I would appreciate some real answers. Thanks in advance.

Attorney answers (5)

  1. Craig S Orent


    Contributor Level 17


    Lawyers agree

    Answered . Talk to your attorney.

  2. Paul E Knost

    Contributor Level 16


    Lawyers agree

    Answered . I understand that you are a little frustrated after receiving this important information and not being able to immediately get the follow-up answers you are looking for. But the other lawyers are correct, you need to discuss it with your lawyer, even if that means waiting a few days to get an appointment with her. If you are able to hire a private lawyer, you could certainly do that as well.

    I wish you the very best, and God bless!

  3. Michael R Crosner

    Contributor Level 20


    Lawyers agree

    Answered . I can second guess your attorney - he/she is your professional legal representative.

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney .... more
  4. Mary Xinh Nguyen

    Contributor Level 8


    Lawyers agree

    Answered . I agree with the other posts, you have to speak with your attorney. Even if that means at the next court date... With the limited information you provided, the police report with conflicting information regarding who the actual arresting officer is, is generally not enough to dismiss a case. It's a matter for cross examination and goes to credibility. Cases are RARELY dismissed just because the police report may contain incorrect information regarding the arresting officer. The main focus is the evidence the state has against you- were you operating a vehicle. Did you blow .08 or higher. Focus on the main facts and not the minutiae. Good luck and the report will give your lawyer fuel for cross at trial.

  5. Roy C Whitehead

    Contributor Level 6


    Lawyers agree

    Answered . It appears from your comments that you have been assigned a Public Defender to assist you with your case. I suggest that you email or call them and schedule an appointment to discuss your issues. You are also free to hire an attorney to help you with your case. Many attorneys offer free initial consultations.

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