Technically, the officer can only be asked questions at the hearing that relate to the issues involved in the suspension. But those issues, which include probable cause, are so broad that just about anything a defense lawyer would ask at trial or at a suppression hearing can be brought up, experts say. You'd be surprised at what you can get away with. The way to get a transcript varies among the states. In most states, the agency holding the hearing will simply tape it.
Defense lawyers can get a copy of the tape and make a transcript on their own.
In some other states, the agency will prepare the transcript, while in others it won't even tape the hearing. A Tactical Decision A drawback of using the hearing as a deposition is that it can make the hearing harder to win. And a lawyer may decide that winning the hearing is more important. For instance, if the officer isn't required to attend and you have a potential defense that's more likely to succeed in his absence, you may not want to subpoena him, says Taylor. Or, if the officer is present, you may want to focus on the facts that support your defense rather than get into a lot of facts that make your client look bad.