QUESTION
Can my case be dismissed due to inaccurate police report?
Asked on Mar 09th, 2014 on DUI/DWI - California
More details to this question:
I was arrested for a DUI after accidentally driving down a one way street and blew a .08 BAC. I was the sober driver and was not intoxicated. I know that the BAC had to be wrong, calibration was way off. I was arrested and now being charged with DUI. In the police report it states that, when I was pulled over, there was 7 people who got out of my car, when in fact my vehicle is a 5 seater and only 5 people got out of my car. When I was pulled over, I had parked right next to my friend's vehicle in a parking garage which she and her friend were standing right by her vehicle. I was trying to meet up with my friend by her vehicle and that's how I turned down a wrong way street. The police report is not correct and I can have everyone in my vehicle at the time testify that there were only us 5 individuals in the car and the two other people can testify they were never in my vehicle.
3 ANSWERS
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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The case will not be dismissed because the report contains inaccuracies, but with a good lawyer, the case may be dismissed because the prosecutor handling it sees the writing of impeachment on the wall (and the defense arguing the cop?must have been intoxicated.) They will have to prove extrapolation facts, too, for the breath test to be of any value to them. Hire a lawyer who handles DWI cases.
Answered on Mar 11th, 2014 at 3:13 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get an attorney, what you have related is not exculpatory but you may have other defenses.
Answered on Mar 11th, 2014 at 3:13 AM
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license. FYI there is no such thing as an "accurate" report.
Answered on Mar 11th, 2014 at 3:12 AM