Client had been arrested after being pulled over at two in the morning for speeding. Officers reported that he had slurred speech, difficulty producing the requested documents, a strong odor of alcohol, difficulty standing and walking, and performed poorly on the FSE’s (Field Sobriety Exercises). Our Client also refused to take the Breathalyzer test. Additionally, he allegedly was quite nasty and combative with law enforcement at the station.
Failure to Appear in Court by Arresting Officer
A subpoena to appear in court states that the person who receives the subpoena will need to appear in court. A subpoena will allow the person to give their testimony or any valid information about the case. There are times when subpoenas will benefit the defendant and other times when the prosecution will benefit more.
Many times, a DUI attorney will want to subpoena the arresting officer to ask them questions. The arresting officer will have to complete a sworn report after they have arrested the defendant. This will provide information about what the arresting officer initially saw or what their observations were at the time of the incident. The officer will also need to put what the probable cause was for the arrest. Any evidence that was found, along with any statements the defendant has given will also be in this report. If the case is related to a DUI charge, there will also be the results of the field sobriety tests and blood alcohol content levels to be taken into consideration.
There are times when a report is very vague. This is a good reason as to why an attorney may decide to subpoena an arresting officer. If the defendant states there is false information in the report, the attorney could also have the officer subpoenaed.
Breath technicians can also be subpoenaed. These technicians are often asked to come into the courtroom to make sure that the machine has been working properly and that they were trained correctly to administer the tests. If there is any reason to believe the machine was not working properly, your attorney will be able to investigate this in order to help your case.
Musca Law Firm
If you have failed your sobriety tests after being pulled over for a suspected DUI, you will need an attorney to represent you. An experienced lawyer will be able to subpoena those that are essential to your case. Please call Musca Law Firm as we have several DUI attorneys that are ready to fight for your rights. We serve the entire state of Florida and answer phone calls 24 hours per day. Our firm realizes the importance of getting legal help as soon as possible.
When you hire Musca Law Firm, you never have to worry about handling anything by yourself. We will be there with you 100% throughout all of the legal proceedings associated with your case. All of our attorneys have exceptional skills and are very dedicated to what they do!
RESULT: Our Musca Law Defense Attorney subpoenaed and served both the breath technician and the arresting officer. The arresting officer failed to appear and failed to provide good cause for his failure to appear. LICENSE REINSTATED!