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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 33088
Experience:  16 yrs. of trial experience
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i crashed my car and there were no other cars involved. The

Customer Question

i crashed my car and there were no other cars involved. The officer said I was under the influence but he didn't arrest me. Can he now testify that I was under the influence. This happened 30 days ago.
Submitted: 4 years ago.
Category: Legal
Expert:  P. Simmons replied 4 years ago.
Thanks for the chance to help. I am an attorney with over 12 years experience. Hopefully I can help you with your legal question.

The officer can testify. What you describe the officer is a witness to the incident. So his testimony would be relevant in the same way that the testimony of any witness who was able to see the event would be relevant.

He can testify to his observations. What he saw at the time. As to his opinion as to if you were drunk or not? That is something I would object to under the "ultimate issue doctrine"...in a criminal case it is up to the jury to make the decision if the accused was drunk or not...you can object that the opinion is not relevant. But in fact the judge typically will allow the officer to give his opinion and then tell the jury that they must remember that it is only an opinion...it is the job of the jury to make the final decision.

The fact that he did not arrest you is something I would expect your attorney to raise in cross examination...if he thought you were drunk why no arrest?

But the fact is there is no rule that prohibits the officer from testifying just because he did not arrest

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