Arresting officer had to resign and is charged with double assault?

UPDATED: May 18, 2009

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: May 18, 2009Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Arresting officer had to resign and is charged with double assault?

I was arrested in October, 2008 for a DUI after I caused a 2 vehicle non injury accident. I found out yesterday the officer that arrested me has resigned back in January, 2009 after assaulting his girlfriend and his father. Since he resigned and is no longer employed, being the states only witness, could I have this case dropped. I go to trial on June 16th and would appreciate some help. Also, after the accident, the officer still conducted the Field Sobriety Tests. I hear this can be questioned too. Can we question his mental and emotional abilities at the time of my arrest?

Asked on May 18, 2009 under Criminal Law, Pennsylvania


J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

First even though the officer is no longer employed does not mean that he will not be a witness able to testify to the incidents of the accident. At the time of the accident he was employed and will be able to be called and testify as such. He was the arresting officer and his testimony will be admitted as to that fact.

You are asking whether you can question his mental facilities. That is a tactic you obviously are entitled to employ. I assume you have an attorney handling this matter and that attorney will better be able to specifically judge what defense you should use. He knows the specifics and if in fact the officers testimony or actions that evening can be questioned.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption