Is incorrect information on a police report a ground for dismissal?

Question

I was recently charged with a DUI and the officer wrote down wrong results on sobriety tests. He wrote that he asked me to count from 64 to 54 and I stopped at 55. However, he asked me to count from 64 to 58 and I did. I did not go to 55 only but to 58 as instructed.

Gregory Crain · Answer

No.

Larry Dunn · Answer

A police officer can be impeached by his police report being incorrect   which would be considered by the court in considering whether the police   officer's testimony is sufficient to prove the case beyond a reasonable doubt.   An incorrect police report does not necessarily mean the case will be  dismissed.

Stephen Freeborn · Answer

That "incorrect" information is not sufficient for a dismissal.

Terry Nelson · Answer

Depends.  If you can prove the officer exaggerated and lied about your intoxication level, sure.  But, your word against his is not even close to  proof, and disagreeing with a minor technical detail is not much even if you can prove it.  When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do?  Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial.  If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.    A little free advice:   When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of your license imposed by DMV upon your arrest.  That is separate and runs consecutively with any suspension that may be imposed by the DMV, or the court upon conviction. Contact DMV and do so, timely if you think you have grounds for appeal, then appear at the scheduled DMV appeal hearing and present any supporting evidence and testimony.

Michael J. Breczinski · Answer

No that is just something to bring up at trial to try to cast reasonable doubt on your guilt.

Steven Alpers · Answer

No that is a factual issue for trial and up to the jury to decide who remembers what happened.

Lance Daniel · Answer

Sometimes.  It depends on what "wrong information" and how an experienced lawyer may use it when defending your case.

Jeff Yeh · Answer

Unlikely. FSTs are absolutely biased, and they almost NEVER conform to reality. You need a DUI specialist to cross-examine the cop. Expecting to get a dismissal on your own is fantasy.

Gregory Casale · Answer

Unless the incorrect information was the basis of the charge, it will not be sufficient for dismissal. Sadly, unless you are put on the stand to testify at trial, it is unlikely that this information will even come out. Your lawyer will have to evaluate the potential benefit of your testimony, versus the potential harm you could cause. I typically only put my defendant on the stand if there is no other way to get a particular piece of evidence to the jury, AND that evidence is dispositive of a verdict. Not an easy decision to make. Hopefully your attorney has enough experience to make the call.

Nathaniel Shafer · Answer

That is not grounds for dismissal, but it may make your case stronger. That's especially true if there is a video or sound recording of the sobriety tests. Many police departments record traffic stops automatically now. Hire a talented attorney and you will better make the argument that the police officer didn't know what he was doing/was incompetent.

James Gandy · Answer

It is almost certainly NOT going to lead to a dismissal by the judge. It is possible that these errors could lead a jury to not believe that police officer and not convict you, however.  Judges make legal decisions.  To continue a case, the state merely has to demonstrate that there is probable cause for the charges.  Juries make factual decisions.  To gain a conviction, the state must prove to a jury beyond a reasonable doubt that the defendant is guilty of all elements of the charged crimes.  This is a much higher standard and, errors by the police involved can be used to demonstrate that there is not enough evidence to support the state's claims.

Timothy Klisz · Answer

No. The prosecutor will not dismiss DUI cases. This is an issue for trial.

Keven A. McKenna · Answer

It is a disputed fact to be heard at trial. I doubt if it will help you.

Randall England · Answer

There has never been a police report written that perfectly matched the version of events recalled by the defendant or other witnesses. That's just how life is. The question with such discrepancies twofold: 1) How to decisively prove that the cop is the one who is wrong; and 2) Does this particular issue really matter in view of all the other evidence?  DWI cases usually have lots of evidence. Whether the suspect stopped counting at the right place probably is not going to change the outcome either way unless there are some other discrepancies.

William Spern · Answer

Unless the officer admits the error, it's a question of fact between your testimony and that of the officer. Without a reliable eye witness supporting your version, the court will generally believe the officer over you.

John Brennan · Answer

That may be on tape, and may be part of a defense.  Get an aggressive attorney now.

Dennis P. Mikko · Answer

If the information on the police report is not correst, it is not grounds for dismissal but could be used to impeach the testimony of the officer at time of trial.

Michael Nichols · Answer

No but it will help impeach the officer.

Michael Palumbo · Answer

Yes that evidence will get the case dismissed.

Aaron Goldsmith · Answer

That is not a grounds for dismissal alone.  This portion of the field sobriety test is only one of many examinations performed by the police - in addition to the intoxilyzer.

Jason P. Kutulakis · Answer

It is likely on video.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

Is incorrect information on a police report a ground for dismissal?

21 ANSWERS

Find Local DUI/DWI Lawyers

Helpful Resources

Ask a Lawyer