[TJ1adam12]

[quote=fer_sher;30848]These are so unreal, particularly the drunk driving one, that I almost don't believe you.

Ah my friend, sad but very true, I see this all the time. That’s why it is imperative for the arresting Officer to be as detailed as he/she can be. Recognizing that I have no direct knowledge of the two specific cases that grasshopper is referring to, I can only offer general comments that may shed some light…

Minor technicalities often result in a case being dismissed. Undoubtedly this is a frustrating situation for the arresting Officer, County Prosecutor, and mostly the victim and their families. From the business point of view (Arresting Officer and Prosecutor’s Office) it’s important to learn from each mistake and attempt to minimize them in the future. Where I work, there is at minimum, a monthly meeting to discuss technicalities that have prevented strong cases from being successfully prosecuted.

I.E. When preparing a photo lineup or a live lineup, it’s imperative that all members of said lineup are similar in many physical characteristics. Example; The case would be thrown out of court all day long if in a said lineup you put the Hispanic suspect along side of four Caucasians. Hence, it is absolutely no surprise to me that if the suspect’s lineup involved he or she being the only one wearing a muscle shirt, that the case was dismissed.

With the second example of the DWI case being dismissed I will use Minnesota’s Laws as an example of what may the disposition of the case may have been. Minnesota Officers have to place the suspected drunk driver to driving his car within two hours of the event (accident in this case) or there will never be a conviction. There are other elements of the crime that have to be proved as well. The suspect obviously was the driver, hadn’t consumed any alcohol since the accident etc… just to mention a few.

Having said that, The suspect may have avoided the DWI charge, but still would be facing serious felony type crimes: Vehicular Homicide resulting in death, Vehicular Homicide resulting in Great Bodily Harm and Leaving the scene of an accident, just to mention the few that come to my mind.


Hope this provides a better understanding as to why that may have happened. Have a great day all!!

T.J.
TJ1adam12