Appleton, NY asked in DUI / DWI for New York

Q: If the police officer who arrested me resigned and doesnt work anymore would they dismiss the case for lack of witness

The court has my blood sample from my dui but if I take it to trial don't they need a witness

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1 Lawyer Answer
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Schenectady, NY
  • Licensed in New York

A: Motor vehicle and their drivers are a special class for milking for added government revenue. Private automobiles pollute. They are a menace to pedestrians. Government wants to dramatically reduce the footprint of the modern automobile. Government uses DWI to accomplish that objective.

Every such prosecution ends up with a "DWI package." This package include a lengthy suspension of driving privileges, numerous classes, a possible ignition interlock device for a lengthy period of time, and points on a driver license assuming there remains a driver license. In government's view, such a sardonic sanction is not intended to protect the public from drunk drivers, but rather to eliminate one more automobile from public roads along with a driver of that automobile.

It takes a certain grouping of elected cowards to hate the automobile to such an extent as to rule it off the road using a drunk driver. We are a nation of billions of acres of land with no cognizable way to get anywhere except for an automobile. We did not do as the Germans with an all encompassing railway network across the nation, and we have half of a bullet train system that barely speeds along between a few cities. Perhaps we should enact a constitutional amendment making automobile ownership and use a right rather than a "license."

Lastly, government under a democrat led grouping will always lean in favor of fines and collections rather than stimulating business and growing an economy. It appears that fines offer a more stable stream of revenue rather than what the private sector can provide. This means we all must vote very carefully if we don't want to appear in court every few weeks and lose time from work.

In conclusion, the court will always forgive the absence of a witness and the prosecutor will always offer documents into evidence as business records filed at the time of the infraction in order to get a judgment.

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