QUESTION

If I was recently charged with speeding but there were a lot of details that were not mentioned in the police report, can my case be dismissed?

Asked on Mar 23rd, 2017 on DUI/DWI - Utah
More details to this question:
I was recently charged with speeding (no DUI). The factors contributing to the speed of the vehicle were not mentioned in the police report, and a major error was included in the report: I was named as the owner of the vehicle, I am not. Also, I was traveling downhill and changing lanes to avoid an automobile transport truck that was pulled over to the right and signaling with yellow lights directing toward the left (also omitted from the report) 47 in a 35. I was given a field sobriety test (passed to his satisfaction) and breathalyzer during the exchange with the police officer. I was sober. The result was .38. The officer remarked he "doesn't use this thing often anyway." The field sobriety test and breathalyzer were also not mentioned in the report.
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1 ANSWER

Estate Planning Attorney serving Provo, UT at Randy M. Lish, Attorney at Law
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The factors contributing do not matter, and n, you cannot get the case dismissed because of what is not in the report. The purpose of a trial is to let an independent fact finder hear the evidence and make a decision.
Answered on Jun 20th, 2017 at 9:01 AM

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