A friend of mine got busted for DUI, he blew way over the legal limit. Yes hes a Jack-Ass. He was going thru a tough break up and not thinking straight, I know thats no excuse. My question is, on the police report, when he got caught. The officer put down the wrong license plate number, its 1 letter off. Is this considered a technicality, and could this be cause for his case to be thrown out?
Just another legal question?
- Thread starter FTWWTF
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Maybe yes, maybe no. When there's an error, you should assume that, if it's obvious (to the defendant) that it's a mistake, and if it's obvious what the correction is, then the judge will permit the amendment. If you are genuinely disadvantaged by the error, in preparing your defence, then there's a chance it would/might be tossed. There's no fixed rule - It's up to the judge, whether to permit amendment.
Timing might be important. If the error is discovered early on, before trial, it's more likely that it'll be correctable. If the situation genuinely is that you only discover the error at trial, and you've been preparing your alibi for the wrong date or something like that, and the judge doesn't think you're just pretending or bullshitting, you might be ok.
Of course, it's up to the police and prosecution to do their job properly, and some judges are less tolerant of such mistakes than others.
But if it's a simply a mistake over the number plate, and you know perfectly well what it should be, you're toast.
Seek legal advice, obviously. Maybe a paralegal can get it reduced to a lesser offence, for $500. Probably not, but it's crazy not to try.
Better still, of course - don't drink and drive. (As if you need that advice, right now.)
Timing might be important. If the error is discovered early on, before trial, it's more likely that it'll be correctable. If the situation genuinely is that you only discover the error at trial, and you've been preparing your alibi for the wrong date or something like that, and the judge doesn't think you're just pretending or bullshitting, you might be ok.
Of course, it's up to the police and prosecution to do their job properly, and some judges are less tolerant of such mistakes than others.
But if it's a simply a mistake over the number plate, and you know perfectly well what it should be, you're toast.
Seek legal advice, obviously. Maybe a paralegal can get it reduced to a lesser offence, for $500. Probably not, but it's crazy not to try.
Better still, of course - don't drink and drive. (As if you need that advice, right now.)
You're right it ain't a joke. I have been hearing more and more about people getting DUI's since the new law. It can end up costing $$$.
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Maybe the cop way hammered
Tell him to pursue a a defense that questions the officers ability to perform
This.
Price is no object when it comes to a criminal offense. Getting a record for an indictable offense can easily be a life-destroyer.
Your friend should be going to jail! Hopefully it will help "think straight" the next time he wants to be a jack-ass.
On something minor, like parking at an expired meter, the court might want to 'teach the cop a lesson' about accuracy. In a case like that there's a real possibility it was not your car, and the plate number's all they have to go on. But when you're talking a criminal offence, and a serious, potentially deadly one at that, it would be a travesty not to ascertain that this was a simple clerical error. The cop will be there, and identify your buddy under oath, and the events and details of the arrest, likely including a sorrowful admission of the slip of the pen. Since the car is charged with nothing, and your buddy's breath content is the crux, it's quite likely the court will ignore the error. Wouldn't you want them to?
Tell you buddy to lawyer up, take his lumps and grow up. When you're 'not thinking straight' you likely shouldn't even be driving sober.
Tell you buddy to lawyer up, take his lumps and grow up. When you're 'not thinking straight' you likely shouldn't even be driving sober.
The offence has nothing at all to do with tjhe vehicle. It has to do with your friend being over the limit and being in poseesion or control of a vehicle. Any veheicl.
This is a very serious offense and although not likely, in the absence of injury or serious property damage, it could dear jail time and second and subsequent offense have mandatory jail time.
The best advice anyone can give your friend is to speak to a lawyer who specializes in these offenses and not to go to a paralegal or take advice from the pervs on this site, however well intentioned.
This is a very serious offense and although not likely, in the absence of injury or serious property damage, it could dear jail time and second and subsequent offense have mandatory jail time.
The best advice anyone can give your friend is to speak to a lawyer who specializes in these offenses and not to go to a paralegal or take advice from the pervs on this site, however well intentioned.
Paralegals are very good at seeing the prosecutor, and getting the charge reduced to a lesser offence. That's what they do. In fact, generally, that's the only thing they do. Paralegals don't represent you at the actual trial, in court, if it comes to that. For that, you need a litigation lawyer.
Even in this case, it cannot be ruled out that you might be able to get the charged reduced. The paralegal specializes in doing just that. They are better, at that, than a regular lawyer. Plus, they might find something else, besides the wrong digit.
For $500, it's crazy not to try. Even if the charge stands, you're no worse off.
If you shop around, you'll probably find one that offers a money-back guarantee -- no reduction, no fee.
