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Technicality Causes DWI Dismissal against Ex-policeman...Again!

Posted on Sep 15, 2010

Paul Gomez is one lucky former police officer.  

After being pulled over in 2008  for DWI  while driving his patrol car, he was never charged.  

According to news reports, Mr. Gomez was charged with DWI in September AND October of last year, and both cases were dismissed (click for related video).  

The Judge for the September case dismissed the charge because the prosecutor wasn't in the courtroom; the DA's office said the prosecutor was there, ready to go, in the hallway outside the courtroom, but that the Judge started the hearing early.

Earlier this month, Mr. Gomez was supposed to go on trial for the October charge, but the Judge, because of a busy docket, postponed the case.  It just so happens that the case was rescheduled for a date that was 6 days past the deadline for trying a DWI case, meaning the Judge had to dismiss it.

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Paul Liam McGlone
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DWI and Criminal Defense Attorney and Founder of McGlone Law Firm