Cop got fired, how can they still prosecute?
I was pulled over for a busted headlight, I ended up having an old traffic ticket on my record. So I was arrested, the arresting officer drove like a maniac, smoking a cigarette the whole trip to the county jail. The weird part was that this officer kept asking me questions about an ex-girlfriend of his (I found out who she was later) and apparently I didn't give him the answers he was looking for. Because once we got to the station, he all of a sudden wanted me to do field sobriety tests, which I passed. He told me that I had failed and he wanted me to take a breath alayzer.I asked to speak with my lawyer, but was unable to reach him, so I decided to refuse the BA. Nonetheless this officer has been fired by the city, for similar arrests. How does this effect my court hearing? The city is still making me go to trial for it, because I pleaded not guilty at court. Can they still prosecute me with no cop and no BA?
Answers:
Your story has many holes in it. In most states if you are under arrest they can wait till they get to jail to do sobriety tests. Smoking is still allowed in cars in most states. Most of the population drives like maniacs. You have no right to talk with an attorney before a blood alcohol test. A refusal is an automatic suspension for one year no matter what the end result of the criminal case is. If he has been fired then you have a pretty good chance of getting off.
Unfortunately I believe because you pleaded not guilty prosecution will routinely follow...now you have to back up you plea and involve your attorney...I hope you win this one.
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