I was stopped by an officer for a traffic violation and another officer eventually comes to do a dui investigation. The dui officer arrests me for dui and takes me to jail for. The first officer never wrote a report or ticket. If there is a suppression hearing, can the testimony of the first officer be objected to for not writing a report or the ticket?
No. This is a common occurrence. However, at a suppression hearing the first officer will have to be present, and articulate the reason he pulled you over and why he detained you until a second officer arrived.
James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.
I agree, the state will need to produce the first officer at a suppression hearing to justify the basis for the traffic stop. It is not a requirement that the first officer write a report or a citation.
Written reports are not necessary and do not need to precede testimony from an officer.
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No, but if the officer hasn't written a report his odds of remembering his reason for the stop will probably be difficult for him considering the amount of time it has been since the stop.
Generally, the first officer will give all facts including reason for stop to the DUI officer. He can testify to what he observed at the time of the incident w/out a report. It's definitely something a defense attorney would question the officer about, and that a report is necessary to record all the pertinent facts of the case, an attorney may be able to cast doubt on the officers testimony without a written record.
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