So I was arrested on a DUI charge with non-injury accident (first offense) in June 2009. My attorney took depositions from every person I came into contact with. The officer that filed the report listed two witnesses (names/address). While my attorney was deposing that officer (under oath) the officer stated that he talked to several witnesses at the scene.
My attorney asked him, "why didn't you list the other witnesses in the report?"
He answered that there were only two places on the form for witnesses so he only recorded the two.
My guy says "you couldn't get another form or write on the back?"
The motion to dismiss is based on the constitutional right that I am entitled to talk to every witness the officer talked to. Since he admitted that he interviewed more than the two witnesses he listed, he violated my rights.
Anyone have any thoughts on the strength of this motion? It's being heard next month.