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police affidavit is wrong

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mdigital

Junior Member
What is the name of your state? PA

I am reviewing the affidavit of a pa police report for a dui i have in progress. preliminary hearing is in a week,

but there is untruths in the report....

it says they found my drivers license in the car, and thats how they identified me. I gave it to them when i called the accident in, and have a witness to say it.

can this help me in anyway to get some charges dropped or no chance?
 


CdwJava

Senior Member
What is the name of your state? PA

I am reviewing the affidavit of a pa police report for a dui i have in progress. preliminary hearing is in a week,

but there is untruths in the report....

it says they found my drivers license in the car, and thats how they identified me. I gave it to them when i called the accident in, and have a witness to say it.

can this help me in anyway to get some charges dropped or no chance?
Giving them the info on the phone when you called it in is not the same as their actually seeing it. Did you hand it to the officer when he arrived, or did he have to find it in the car? Calling it in is not the same as presenting it. I can call in identifying myself as George Bush - that does not mean I AM George Bush. The police are going to want the physical ID.

- Carl
 

mdigital

Junior Member
the police report says they found my drivers license in the car at the scene. i left the scene called it in, and they came and i handed them my license when they asked for identification.

they didnt find it in the car as it says on the affidavit, they were handed it from me to them in person.
 

CdwJava

Senior Member
the police report says they found my drivers license in the car at the scene. i left the scene called it in, and they came and i handed them my license when they asked for identification.

they didnt find it in the car as it says on the affidavit, they were handed it from me to them in person.
Okay. And how is that going to defend you from the DUI?

It MIGHT play against the officers for purposes of recollection and credibility for minor things, but unless your attorney can really play it up I doubt it will effect your case. Unless your DUI is almost entirely based upon the word or observations of the officer, such a small discrepancy is unlikely to play too serious a role in the matter.

Bring it up to your attorney and see what he has to say.

- Carl
 

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