ALR question- I have not done an ALR hearing in quite some time so I am a bit rusty. This is a breath test failure case. The facts are that the defendants family member called the police alleging she was trying to leave in her vehicle. Her vehicle got stuck in the mud. Allegedly part of her vehicle was in the roadway. When the police officer came the defendant was inside her house. He asked her to come out and perform some field sobriety tests. She informed him quickly that she could not do any of the tests due to medical reasons. She was arrested for driving while intoxicated. The DPS has responded to discovery. There is no DIC 23. Apparently there may not be a scene video. They DPS asked me to produce it if I had it. The Police agency that arrested the D is a small department. They brought her to the sheriffs department where she submitted to a breath test and failed miserably. im trying to determine if I should subpoena the officer. My goal for the ALR hearing is to win the ALR hearing not necessarily to get discovery for the DWI case (although this is my secondary goal). Is the offense for port admissible if there is no DIC 23 and there is no officer to testify in person?
Posted on: Mon, 26 Jan 2015 01:02:47 +0000
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