What is the name of your state (only U.S. law)? GA
I was arrested for Reckless Driving on 5/17/08 after an off duty police officer from another jurisdiction made a charge of reckless driving. The arresting officer did not witness anything and wrote the citation based on the off duty's statement, which IS legal in the state of GA. However according to code 17-4-23, the officer must list the name of the officer that made the statement and this officer did not. He did do an incident report, which included the off duty's officer's name. The report was filed on 8/5/08.
Is it possible to make a motion of dismissal because the arresting officer did not follow GA code when issuing the citation?
I was arrested for Reckless Driving on 5/17/08 after an off duty police officer from another jurisdiction made a charge of reckless driving. The arresting officer did not witness anything and wrote the citation based on the off duty's statement, which IS legal in the state of GA. However according to code 17-4-23, the officer must list the name of the officer that made the statement and this officer did not. He did do an incident report, which included the off duty's officer's name. The report was filed on 8/5/08.
Is it possible to make a motion of dismissal because the arresting officer did not follow GA code when issuing the citation?