Arrest details: Client was stopped for speeding and had a BAC of 0.08%. The passenger officer was the arresting officer, and wrote the report, including that he had observed all of the Client’s driving. The officer driving the police car did not write any report. We filed a pre-trial motion. The DA had only subpoenaed the driving officer and did not subpoena the passenger/arresting officer to the motion. The driver officer was on vacation and was never served the subpoena. The DA made a routine motion to continue the motion until the officer was back. We vigorously opposed the motion on the grounds the driver officer was not necessary and that the DA had not been diligent in securing his attendance.
How we won: The judge agreed with us that the driver officer was not necessary; and, because the DA had not subpoenaed the arresting officer they were unable to proceed in the time required by law. Case dismissed.