1 reply to this topic

[policestate1]

I am going through the process of a DUI 4th conviction case from 1994 in the state of Wisconsin. It is 18 years old. At pretrial the arresting officer demonstrated little cognition of the facts. Can he rely on his arrest report only or does he have to remember? Can his testimony be thrown out and so too the arrest? What is the law regarding testimony? Am I correct in assuming that the witness must remember and be fit? what is the state of Wisconsin law and the federal law if any regarding witness testimony?  

[pg1067]

not really clear what you mean when you say you are "going through the process of" an 18 year old case.

policestate1 said...

Can he rely on his arrest report only or does he have to remember?

His arrest report can be used to refresh his recollection.  See Section 906.12 of the Wisconsin Statutes (https://docs.legis.w...statutes/906/12).

policestate1 said...

Can his testimony be thrown out and so too the arrest?

I'm still a little unclear why/how an 18 year old case could be going to trial now, but his testimony won't be "thrown out" simply because it was based on a refreshed recollection.

policestate1 said...

What is the law regarding testimony?

Care to be a bit less vague here?

policestate1 said...

Am I correct in assuming that the witness must remember and be fit?

"Be fit"???

policestate1 said...

what is the state of Wisconsin law and the federal law if any regarding witness testimony?

There is no "federal law" that is applicable here.  The Federal Rules of Evidence are not applicable in a state criminal matter.