Can discrepancies between video of field sobriety test and police report be enough grounds for dismissal?

Discrepancies within a police report and the actual events are not typically a reason for a dismissal- but can be a reason for a jury to disbelieve ANYTHING that the cop says; and thus not convict you of the criminal charges. Obtaining a copy of the video is a good first step- retaining a good DUI attorney is a must. DUI attorneys know how to capitalize and present your case and your defense to a jury.

In the movie _/A Clockwork Orange/_ there is a nifty quote which goes "Padre, these are subtleties!" None of the 'discrepancies' you mention would be grounds for a dismissal - even if taken together as a whole. One of them isn't even a discrepancy at all. Noticing poor motor skills and then asking you to get out of the car is common place - especially, if the officer was referring to your speech and/or movements while he/she approached the car. Officers fill out lots of reports and mistakes often get made. These discrepancies can simply be amended by the officer or corrected during testimony. However, all is not lost. If you go to trial, especially if your case gets to the level of a jury trial - your lawyer, if he is worth his salt, will hammer away at these inconsistencies in an effort to call into question all of the officers report and testimony. The bottom line in a DWI case is if you blew higher than a .10 and the officers did everything mostly properly - you are most likely going to be found guilty. After they have completed their initial investigation into your case, an experienced DWI attorney will have about a 98% accurate idea of the outcome if the case goes to trial at the district court level and about a 75% accurate estimate for a superior court jury trial (you can never really tell what a jury will do - juries are full of idiots too stupid to get out of jury duty - or worse actually want to be there). An ethical DWI attorney will not waste your time and money if they believe the odds are stacked against you and will instead focus on minimizing the punishment aspect. Problem is, you won't know if you have an ethical attorney - some of us are pretty slick. It never hurts to get more than one opinion about your case - most attorney's offer free consultations.

No, those are not grounds for dismissal. The Florida Rules of Civil Procedure and Florida case law provide valid reasons for dismissing a case and discrepancies are not a basis. They are very likely great matters for cross examination of the police officer during trial to impeach his credibility regarding his observations, but they are not simply going to dismiss the case for what you have described. I have tried many DUIs and can tell you the credibility of the "stop cop" is very important. We handle cases throughout Central Florida and offer free case consultations. Good luck.