QUESTION
If a Police Officer made errors in their report for a DUI arrest is it worth fighting?
Asked on Jul 22nd, 2013 on DUI/DWI - California
More details to this question:
My situation for my DUI case is that I was stopped for crossing the white shoulder line of an intersection and failing to signal to get into it. The thing is that the officer wrote in his report that I was going in a direction opposite of where I was actually travelling when he stopped me. Is this something worth fighting the DUI charges for in court?
9 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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Yes. If he made one mistake, he could have made others. You could win the case.
Answered on Jul 29th, 2013 at 12:53 PM
Michael J. Breczinski
Well it affects the credibility of his testimony; but if the jury believes that you were drunk and operating a vehicle in spite of this error, then you could get convicted anyway.
Answered on Jul 24th, 2013 at 12:05 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It depends on the other evidence and all of the other circumstances. If you are in Michigan call to engage us and with further details.
Answered on Jul 23rd, 2013 at 10:29 PM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Yes. And that's the value that a skilled DUI attorney brings to your case. The cop who wrote the report, probably screwed up somehow. The skilled DUI lawyer knows how to use that to maximum advantage. Either by bringing it to the prosecutor's attention in negotiations or by holding it back and using it as part of a blistering cross-examination of the cop at trial.
Answered on Jul 23rd, 2013 at 6:46 PM
Bankruptcy Attorney serving Irvine, CA
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Chambers Law Firm, P.C.
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It might be, but it could also be a minor discrepancy that won't have a bearing on the strength of your defense. You need to speak with an experienced attorney so that you can evaluate how important that discrepancy might be.
Answered on Jul 23rd, 2013 at 6:46 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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That is a good start to impeaching the officer's credibility and reliability.
Answered on Jul 23rd, 2013 at 1:35 AM
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Any and all criminal actions are worth fighting. You have a right to make the DA's show that they have enough evidence to prove you guilty beyond a reasonable doubt for each and every element of the crime. DUI's involving many different phases, there is the reason for the stop (there must be one), the investigation (including performance on FST), enough probable cause to arrest you, and then a properly advised and administered test. Other considerations, DUI convictions require you to do A LOT! Even if it's a first offense, you will be required to complete alcohol/D\drug classes and therapies, be assigned community service hours, could involve jail time, you most likely will loose your license, have fines and fees to pay, be placed on probation for one to two years, and have monitored sobriety (meaning you cannot drink during this time). If you want to try and avoid the above - then hire a DUI attorney, you may not win; but you'll never know unless you try.
Answered on Jul 23rd, 2013 at 1:33 AM
Probably not worth fighting. Errors on a ticket can be corrected at any time by the police officer up to and including the day of trial.
Answered on Jul 23rd, 2013 at 1:30 AM
You need to hire a DUI specialist to exploit those errors.
Answered on Jul 23rd, 2013 at 1:25 AM