Arrest and Prosecution ?

[blackgold]

What is the name of your state? Tennessee

Driving down the road one officer pulls you over for "suspicion of DUI". That officer does nothing but call another officer (his subordinate) to come and complete the field sobriety tests, arrest, paperwork, etc.

Since the arresting officer who did the field testing and made the determination to arrest did not witness the actual offense can he still be the prosecuting officer in the case? He didn't see any crime commited.

What are the thoughts on this.

 

[acmb05]

What is the name of your state? Tennessee

Driving down the road one officer pulls you over for "suspicion of DUI". That officer does nothing but call another officer (his subordinate) to come and complete the field sobriety tests, arrest, paperwork, etc.

Since the arresting officer who did the field testing and made the determination to arrest did not witness the actual offense can he still be the prosecuting officer in the case? He didn't see any crime commited.

What are the thoughts on this.

Field test+failed= crime commited.

Good luck in court.

 

[garrula lingua]

This is not unusual. Many juisdiuctions have a dedicated 'DUI cop" - they are usu expert at testifying & great in court.

There is no requirement that the driving be observed by the same cop as does the DUI investigation.

Guess what ? even if a civilian is the only witness to the driving, no problem.

No problem.
In most jurisdictions, a DUI arrest & conviction can be done when driving is proven by circumstantial evidence, no witness (e.g.: car on shoulder, car blocking roadway, after accident, etc.).

 

[margiek]

What is the name of your state? Tennessee

Driving down the road one officer pulls you over for "suspicion of DUI". That officer does nothing but call another officer (his subordinate) to come and complete the field sobriety tests, arrest, paperwork, etc.

Since the arresting officer who did the field testing and made the determination to arrest did not witness the actual offense can he still be the prosecuting officer in the case? He didn't see any crime commited.

What are the thoughts on this.

Why do you spend so much time trying to find loop holes in DUI's?
Ahhh whats the saying.....DONT DRINK AND DRIVE
Probable Cause is I belive your answer.

 

[blackgold]

Thanks Margie!!

margiek,
Spending the time because I have to go to court and have to prepare a defense. I assume thats what you do when you have to go to court, prepare a defense.

Although I don't believe you responded to the question I posted, thank you for the advice of "Don't Drink and Drive". You give me another example of a person posting on here with no point but to belittle the advice seeker. Have a great day.

 

[margiek]

margiek,
Spending the time because I have to go to court and have to prepare a defense. I assume thats what you do when you have to go to court, prepare a defense.

Although I don't believe you responded to the question I posted, thank you for the advice of "Don't Drink and Drive". You give me another example of a person posting on here with no point but to belittle the advice seeker. Have a great day.

Don't ask for someones thoughts if you are not prepared for their response.
Sorry you feel that I was belittleing, and I did answer your question.
(Probable Cause)