arresting officer faile to appear at deposition

[scottyy]

What is the name of your state (only U.S. law)? arizona

got a dui, bac of .109

the 2nd time deposition was a court order. later found he's no longer on the force. so we are filing a motion to preclude him, his testimony and the evidence attained by him. what are the chances the judge will grant me this motion? if the judge grant this motion, then the case will be dismissed or dropped?

[InsaneJane]

Sounds like your councel did a good job. I'll take a guess that he had a good reason for seeking the deposition of this ex officer. There also may be a good reason why he is an ex officer.
Your lawyer should also discuse forwarding all of the expenses if the case is thrown out due to lack of evidense.
I also have a feeling that the DA is getting flooded with request for Dep from this one.
Good luck