Incorrect information on police report. What are my options?

[Hollandz]

Oregon

Hello,

I have a question regarding incorrect information on a police report that was filed by the arresting officer. Here is the situation. My brother was arrested for DUI and has a CDL driver’s license. According to OR law, if you have a CDL at the time of arrest, you do not qualify for "Diversion". The officer listed the type of license on his ticket correctly. However, when my brother went to court and plead "Not Guilty", he was given a Diversion packet. He told the judge that he doesn’t qualify because of his CDL, and the D.A. said that she doesn’t have any record of that and it isn’t in the police report. Since my brother doesn’t qualify for a court appointed attorney and really doesn’t have the funds for a solid defense, we are forced to look for help in other places. I really hope you can help or at least point us in the right direction.

So, my question is this, does my brother qualify for Diversion because of this technicality or can my brother take this further and have the case dismissed because of said technicality? Any advice, suggestions, or help would be greatly appreciated. He has court on 4/24/06 so a prompt reply would be welcomed.

Best Regards,

Brad