QUESTION
Will case for underage purchase of alcohol be thrown out if daughters name was misspelled on summary trail notice?
Asked on Mar 23rd, 2014 on DUI/DWI - Michigan
More details to this question:
Daughter is 19 years of age. Citation was from campus security where they found open bottles of alcohol in dorm room. Daughter pleaded not guilty, no blood draws taken or requested no Breathalyzer done.
6 ANSWERS
Michael J. Breczinski
A misspelled name is what is called a scrivener's error. It is not a reason to dismiss the matter. Get a lawyer and see what can be worked out.
Answered on Mar 25th, 2014 at 10:21 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Amending the pleading is very easy.
Answered on Mar 25th, 2014 at 6:27 AM
For under-age drinking charges, the police don't have to administer a breathalyzer test. And just the fact that they misspelled your daughter's name is not enough to get the case dismissed.
Answered on Mar 25th, 2014 at 6:24 AM
No way. You should hire a lawyer and get this relatively minor charge dismissed. By yourself you're going to get a criminal record, and it isn't worth it.
Answered on Mar 24th, 2014 at 2:03 PM
Criminal Defense Attorney serving Birmingham, AL
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The Harris Firm, LLC
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Not likely to be thrown out. Your daughter needs to hire an attorney. He will likely be able to provide you with possible options to keep this off of your daughter's record.
Answered on Mar 24th, 2014 at 1:04 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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It would not be dismissed for what is classified as a Scribner's error. She may have other defenses though. Consult an experienced criminal defense attorney to review her case.
Answered on Mar 24th, 2014 at 1:03 PM