Colorado wrong statute number and wrong date on summons

[WGW1]

What is the name of your state?What is the name of your state? COLORADO

I was parked with the truck running to keep warm and I was asleep. I took the blood test over the breath. I am most likely over the limit. However, the officer put down the wrong statute number and the wrong date on my ticket. Is there any chance of getting the charges dismissed because of this?

 

[seniorjudge]

Q: Is there any chance of getting the charges dismissed because of this?

A: Yes. Then they will re-file it with the correct info.

 

[WGW1]

So they refile?

Colorado

I was under the impression that it was done if there was this type of error.

So here is the rest of the story. At 11:30PM while driving I hit a large piece of debries in the road flatening two tires and damaging the rim. I parked on private property and started calling to find a ride. I could not get a hold of anyone so I walked down the street to a bar to waste some time. I related my story to some patrons hoping someone there might offer up a ride. Unfortunetly, I live clear on the other side of town. I stayed at the bar until closing and still no ride so I went back to the truck to sleep until morning when the tire store down the street opens. At 6:00AM, or so, freezing I started the truck to get some heat. The police showed up at 7:00AM, or so. I performed the road side test and they took me to get blood drawn. Even though the vehicle was inoperable and I wasn't pulled over while driving. Then there is the issue of the wrong statute and date on the ticket, too.

I may be able to get witnesses to verify my story and apparent condition when I arrived at the bar ie: the bartenter, or some of the patrons. Will I have a chance at trial of winning this?

 

[InsuranceLadyAZ]

Colorado

I was under the impression that it was done if there was this type of error.

So here is the rest of the story. At 11:30PM while driving I hit a large piece of debries in the road flatening two tires and damaging the rim. I parked on private property and started calling to find a ride. I could not get a hold of anyone so I walked down the street to a bar to waste some time. I related my story to some patrons hoping someone there might offer up a ride. Unfortunetly, I live clear on the other side of town. I stayed at the bar until closing and still no ride so I went back to the truck to sleep until morning when the tire store down the street opens. At 6:00AM, or so, freezing I started the truck to get some heat. The police showed up at 7:00AM, or so. I performed the road side test and they took me to get blood drawn. Even though the vehicle was inoperable and I wasn't pulled over while driving. Then there is the issue of the wrong statute and date on the ticket, too.

I may be able to get witnesses to verify my story and apparent condition when I arrived at the bar ie: the bartenter, or some of the patrons. Will I have a chance at trial of winning this?

I feel a magic 8-ball response coming....

 

[Kane]

Unfortunately, "operating" (as in "operating a vehicle") is often defined to include having the keys in the ignition and/or having the engine running.

I don't know exactly what the ticket was, but most likely it was just a notice to appear in court. I don't think it'll have any affect on the charges against you.

But ask your lawyer these questions, when you get one.

 

[BelizeBreeze]

I feel a magic 8-ball response coming....

Actually, No. The CORRECT answer is:

JUDGE: Are we all ready for trial?

DA: Yes, your honor.

WGW1: Yes, your honor. At this time I'd like to make a motion to dismiss.

JUDGE: On what grounds?

WGW1: The ticket I received has the wrong Date and wrong location indicated.

JUDGE: Let me see that young (man or woman).

you take the ticket to the judge. He looks at it.

JUDGE: (to D.A.) is the officer in the courtroom.

D.A.: Yes your honor, he is. (The officer stands).

JUDGE: What do your notes say as to the charges on this ticket sir?

OFFICER: (looking at his notes) The defendent is correct. I wrote the wrong date and statute on the ticket. It should have read (and then he recites the correct information).

JUDGE: (writing on the ticket) Here you go young man(handing the ticket back to you).

You return to the defendent's table.

JUDGE: Now, how do you plea.....

(to be continuted....)

 

[WGW1]

Not Guilty, I want to go to trial

Not that it matters but it's the wrong statute and date, not location. I am talking to a good lawyer in the morning. He has been in the news recently for winning several DUI cases. So, I am guessing this is my best chance. I will take my story in and hope we can create reasonable doubt.

 

[HomeGuru]

Not that it matters but it's the wrong statute and date, not location. I am talking to a good lawyer in the morning. He has been in the news recently for winning several DUI cases. So, I am guessing this is my best chance. I will take my story in and hope we can create reasonable doubt.

**A: good luck, you may need it.

 

[marcellus91872]

In MI. I was the DD one night and the person I was driving home got out at a gas station to relieve himself.When he returned to the car (his car), out of habit and drunkeness he went for the driver door,he then realized and started to turn around and an officer yelled "don't get in that car".He mistoke him again out of drunkeness as saying "get in the car" and did.Unfortunately the vehicle was running because it took a jump to start it so he was charged.Clean record,executive level job,married,college education so he fought DUI # 1,thinking the DD would help in court.CONVICTED.
GOOD LUCK.
http://www.duiblog.com/2004/11/12#a42

 

[seniorjudge]

Not that it matters but it's the wrong statute and date, not location. I am talking to a good lawyer in the morning. He has been in the news recently for winning several DUI cases. So, I am guessing this is my best chance. I will take my story in and hope we can create reasonable doubt.

If you have enough money after paying the lawyer and your fine, post back with results.

(By the way, the wrong statute and date do NOT create a reasonable doubt that YOU committed the crime.)

 

[WGW1]

reviewed case with attorney

Talked to the attorney and he found a couple possibilities right off the bat. First, was the anon phone call to report me. Second, is the fact that while the car was running it could not actually be driven because of the existing damage. These are both technicalities but that is how these things are beaten right? Hopefully if we actually start working on the case we will find more glitches like these and stand a chance.

 

[marcellus91872]

don't need to be operable,hope your lawyer is good

Engine on, but vehicle inoperable....An Ohio court had no trouble finding "driving" where the defendant was behind the wheel of her car, engine on -- but stuck in the mud with two blown tires. City of Columbus v. Seabolt (607 N.E.2d 61).This link is your situation in more than one case.
http://www.duiblog.com/2004/11/12#a42

 

[seniorjudge]

Talked to the attorney and he found a couple possibilities right off the bat. First, was the anon phone call to report me. Second, is the fact that while the car was running it could not actually be driven because of the existing damage. These are both technicalities but that is how these things are beaten right? Hopefully if we actually start working on the case we will find more glitches like these and stand a chance.

The whole of the law is nothing but techicalities.

First, you were operating the car.

Second, anonymous tips if bolstered by accuracy in what they report are always accepted as a basis for probable cause.

So far, you have presented no defense.

 

[BigMistakeFl]

BigMistakeFl

Those "anonymous" calls that go into either 911, or *FHP (example in Florida for the highway patrol) from a cell phone, do not always end up anonymous. The people who receive the calls usually try to collect the caller's identity and address, etc to produce them as a witness if need be.