Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > CRIMINAL LAW & PROCEDURE > Drunk Driving / DUI / DWI

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 12-31-2007, 06:09 PM
Junior Member
 
Join Date: Dec 2007
Posts: 3

police affidavit is wrong


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?
  #2  
Old 12-31-2007, 07:00 PM
Senior Member
 
Join Date: Feb 2003
Location: California
Posts: 18,456
Send a message via AIM to CdwJava Send a message via Yahoo to CdwJava
Quote:
Originally Posted by mdigital View Post
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
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #3  
Old 12-31-2007, 08:32 PM
Junior Member
 
Join Date: Dec 2007
Posts: 3
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.
  #4  
Old 12-31-2007, 08:38 PM
Senior Member
 
Join Date: Feb 2003
Location: California
Posts: 18,456
Send a message via AIM to CdwJava Send a message via Yahoo to CdwJava
Quote:
Originally Posted by mdigital View Post
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
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 10:28 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.