Procedural Mistakes: Witness Appearance

If a witness is responsible for establishing a key element of the State’s case against you, the witness will also have to appear at key points in the case.  This does not mean that the arresting officer must appear at arraignment, nor does it mean that he/she will be present if you eventually enter a plea to DUI or a reduced offense.  It simply means that upon a trial of your case, or at a critical motion hearing, the absence of a key witness may "sink" the state's case.  For example, if you have filed a motion to suppress challenging the reason for the traffic stop, and the officer who responded to the scene and performed field sobriety tests is present at the motion hearing, but the officer who detained you is not there to explain why he stopped you, your motion should be granted.  More importantly, your case should be dismissed.

How to Win a DUI Court Case in Georgia: More Strategies

Improper Stops

• Tips or Anonymous Calls
• Mistake of law
• Failure to maintain lane
• Stopping the wrong car
• Stopping for a hunch or just felt like it
• Stopping a vehicle for a different reason than the officer claims

Improper Arrest

• Improperly Administered Field Sobriety Tests
• Coerced Field Sobriety Tests
• Medical-Physical Conditions
• Illegal Extension of Stop
• Videos Don't Support Arrest Report

Improper Blood Test

• Proper Request
• Statutory Requirements
• Lab Mistakes

Improper Breath Test

• Rules
• Certification
• Certification of Machine
• Interferents
• Machine Not Calibrated
• Machine Malfunction

Procedural Mistakes

• Mirandize/Read Your Rights
• Implied Consent Warning
• Inconsistent Statements by Law Enforcement Officer
• Expert Witness