Ask a Legal Question
  1. #1

    Join Date
    May 2012
    Posts
    1
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Arresting officer failed to appear

    Jurisdiction / State: Georgia

    I was arrested under "suspicion of DUI" 4 yrs ago. I hired an attorney to fight it as whole thing was a sham from start to finish. The arresting officer lied on the report and said I refused the breathalizer, when in fact, I took the test 5 times. He couldnt get a reading. Long story short, 3 yrs ago I received a Decision from the Court that "arresting officer failed to appear at the call of the case. The action of the Respondent (Dept of Driver Services) is therefore REVERSED." What does this mean? A couple attorneys told me it means they dropped the case. Is this true?
    I just don't understand the legal jargon.

  2. #2
    Registered User Samaritan & Scholar
    mightymoose's Avatar
    Join Date
    Sep 2009
    Location
    Hanford, CA
    Posts
    6,298
    Thanks
    2
    Thanked 594 Times in 588 Posts
    If your license was automatically suspended due to the arrest then the suspension reversed.
    Yes, it seems the case was either dropped or their window to prosecute closed.
    For the record, failure to perform a test properly is considered a refusal to test. Some people wont blow long enough or try to obstruct airflow with the tongue, etc. If after 5 tries the officer believed you were not following instructions it would go down as a refusal. At that point they should have gotten a blood sample.
    At any rate, it seems you lucked out.


Similar Threads

  1. Failed to Appear
    By dmtrust in forum Estate Administration & Probate Court
    Replies: 2
    Last Post: 11-13-2009, 07:07 AM
  2. First attempt at getting Garnishment Failed
    By free1ancer in forum Small Claims & Municipal Court
    Replies: 7
    Last Post: 11-20-2008, 06:08 PM
  3. Can exactly what failed U.A. be revealed?
    By WyoGal in forum Employment, Labor, Work Issues
    Replies: 7
    Last Post: 10-07-2007, 04:40 PM
  4. Failed Polygraph, Please Help
    By jmk101 in forum Law School & Careers in Law
    Replies: 0
    Last Post: 04-16-2007, 01:58 PM
  5. Consumer Law, Warranties failed promises
    By Botard in forum Consumer Law, Contracts, Warranties
    Replies: 1
    Last Post: 07-30-2001, 01:48 AM

Log in

Log in