Why Won’t a Judge Enforce a Subpoena Issued For a Witness?

I ran into something I have never run into before yesterday. I was in an ALR hearing, for those of you who don’t know ALR means administrative law review, and the Judge did not throw out the witness’ testimony on the grounds that the witness had disobeyed the subpoena.

I used a form provided by the web site of the ALR to issue a subpoena for the officer to appear regarding the breath test refusal by my client. The officer came to court but would not bring the documents I requested from him and claimed that he did not have to. Even though the officer admitted he received the subpoena and it was proper, he refused to provide documents issued by him including the offense report.

I have never had that happen. I requested the testimony of the officer be struck for the failure to bring the subpoenaed items, but the Judge refused. I have done this a thousand times before and every time, the officers have brought the reports with them to court.  I mean what good is the subpoena if they don’t comply with it? I can’t get the information, so why should my client suffer because I followed the rules and the cop didn’t? It makes no sense.

I read where DPS brags that over 92% of their cases are won on the breath test refusals or failures,, I can see why if they won’t play by their rules they establish.

I am perplexed that the judges allow witnesses to get away with this practice. Imagine the abuses that would occur. I mean, if they beat you and play by the rules,,, well that’s one thing. But if they beat you and don’t play by the rules,, well that’s something else. Maybe I’ve won too many cases against DPS. I just don’t know.

I guess I still upset at this and I’ll have to deal with it, but it makes no sense to me,, why even have rules if this is going to be the case? I guess I’ll have to wait for the decision. Could you imagine David vs. Goliath and the referee stepping in and taking away David’s sling and stones? I feel like that just happened to me.

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