When you're pulled over and arrested for driving under the influence of alcohol, it's worthwhile to take note of how many police officers were involved in your arrest. Sometimes, you'll be dealing with just a single officer. In other cases, there will be two officers in the vehicle or the arresting officer will call for assistance at the scene. When it comes to preparing for your DUI defense with an attorney, it's worth discussing how the presence of two officers may affect your case. Here are some pros and cons of two officers being involved.
Pro: They May Make Conflicting Statements
A skilled DUI defense attorney looks for opportunities for his or her clients, and the presence of two police officers can provide one. It's important for the prosecution for the two officers to have statements about the arrest and memories about the scene that are nearly identical. However, if your defense attorney is able to cross-examine both officers aggressively, one may say something that conflicts with what the other is saying. Your DUI attorney may then argue for the dismissal of your case.
Con: There Are More Voices Against You
It's impossible to ignore the fact that when there are two police officers involved in your DUI arrest, there are two people who will be speaking against you in court. With just one officer arresting you, there can be a bit of "he said, she said" in court. This isn't apt to be the case with two officers, who may talk together to present a united front that can pose a challenge for you.
Pro: There May Be A Chance Of A No-Show
People who fight charges in court often hope that the arresting officer doesn't show up. The lack of his or her presence can bolster your case and sometimes even help to get it dismissed. If two members of law enforcement were involved in your arrest, they should both appear in court. If even one of them doesn't show up — perhaps due to forgetting the court date or perhaps getting tied up with another investigation — this may help your case.
Con: One Officer May Be An Expert
One of the reasons that two police officers can be involved in a DUI arrest is because one of them is an expert. The average police officer may not feel comfortable with conducting field sobriety tests that will stand up in court, and thus may call for help from an officer who specializes in this area. Having an expert attest that you were indeed driving under the influence of alcohol can thus be a challenge for you and your attorney.
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