Important benefits of the ALR process are the liberal discovery rules. In other words, prior to the ALR hearing the officer's written reports can be obtained and used to help plan the strategy for defending the ALR hearing (and any subsequent Bryan|College Station DWI trial). During the ALR hearing the officer can be tied down to their report. Questions about my client's driving can narrow the reasonable suspicion cited by the officer as legal authority to stop. Further, questions can be used to erode the officer's probable cause for arresting my client and later used to impeach their DWI trial testimony.
Additionally, the ALR process offers the aggressive criminal defense lawyer an opportunity to cross-examine and depose the most important witness in a DWI prosecution . . . the arresting police officer. ALR hearings are also important since rarely is the officer actually prepared to testify by the Department of Public Safety prosecuting attorney. Consequently, the officer is often caught "flat-footed" and unprepared. Following the hearing, a certified transcript of the hearing can be obtained and used to cross-examine the officer during the actual DWI trial.
There are many reasons to conduct an aggressive ALR defense in Bryan|College Station. First, we want to do everything possible to protect our client's driver's license. Second, we want important written discovery that will help us plan our upcoming DWI defense. And third, getting the arresting officer tied-down to their report, while being unprepared to testify, can be the difference between a dismissal (or a charge reduction) and a trial.