QUESTION
Can my DUI ticked be drop because the officer wrote the wrong bac level on the ticket?
Asked on Oct 17th, 2012 on DUI/DWI - California
More details to this question:
The arresting officer wrote the wrong bac level on the ticket. They wrote that I had a level of 3.241 instead of .3241. Also they said I need to report to court on January 9 2012 instead if January 9 2013.
6 ANSWERS
Steven D. Dunnings
No.
Answered on May 21st, 2013 at 2:24 AM
Michael J. Breczinski
These are what is called scriveners errors and will not get the charge dismissed. .32 is very drunk. At that level if you had just a little more you would have died. You need a lawyer.
Answered on Oct 22nd, 2012 at 11:33 PM
John J. Carney
If you had a .32 BAC then you were four times the legal limit and that is the highest BAC I have seen in 30 years as a criminal lawyer. The court will allow the prosecutor to amend the complaint and the true BAC will be reflected on the documents that will be sent to your lawyer. You will be convicted of a Aggravated DWI and have an ignition interlock device ordered. You will be lucky if the judge gives you 3 years probation and not a year in jail. You should retain a good criminal lawyer to try to keep you out of jail.
Answered on Oct 19th, 2012 at 9:10 PM
3 Awards
I am concerned that the officer wrote the volume measurement of the breath test rather than the BAC. .3241 would be extremely high for a BAC, but it would be pretty standard for a volume measurement. Also, the breath test does not go to 4 decimal points. I just helped a woman win a case where the office did not read the breath test correctly. Lets discuss representation - In response to your DUI Questions: I am a criminal defense attorney that focuses on DUI cases. If you would like to discuss your case, please contact me. Some important information- If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. DO NOT REQUEST THE OFFICER. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
Answered on Oct 19th, 2012 at 6:26 PM
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In South Carolina, it is highly unlikely that your ticket would be thrown out because of this. You should consult with a local attorney as soon as possible in regards to this matter.
Answered on Oct 18th, 2012 at 8:35 PM
No, because the police report that is filed in court will have the proper BAC and date. What's on the ticket is irrelevant. You need to hire a DUI specialist and do it soon, because you have only 10 days to save your license.
Answered on Oct 18th, 2012 at 7:56 PM