If the arresting officer on my OUI case was just suspended for an OUI himself today, will this help my case at all?
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If the arresting officer on my OUI case was just suspended for an OUI himself today, will this help my case at all?
I pick a trial date in 1 week.
Asked on September 23, 2015 under Criminal Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
It will help only if
1 The officer does not show up for the trial date which includes, as is likely, if the case is adjourned to a new date on the first date and the officer does not show up for the adjourned date--suspended officers can appear and testify or
2 It can be shown that the officer was under the influence at the time he stopped you, and that casts doubt on his testimony.
Otherwise, the fact that was has been OUI has no bearing on whether or not you were OUI.
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