Police Report

[sjmjuly]

What is the name of your state? Maryland

I just received (from my attorney) a copy of the police report from my DUI arrest March 31st. Some of the information the police officer put in the report is incorrect, and some of the conversations we had while I was in custody were omitted. The officer stated that I told him I wasn't drinking that night. I TOLD him I had drank earlier in the evening, but nothing in that last 2 hours. He also stated I was a college graduate???? Don't know where he came up with that one????? I never said anything to him about college. There were also a few more conversations we had that were not in the report. One of which the officer slipped and said I wasn't intoxicated.
I am not trying to fight this charge, but I am wondering if the judge asks me questions about the report and I tell him the truth, will the judge be angry at me for not agreeing with everything the police officer reported? I blew a .09 - Illegal I know, but I wasn't passed out drunk and remember EVERYTHING that occurred that evening. I just don't want to get in trouble with the Judge. I just want to tell the truth, pay my debt and move on with my life.

[elmuchoprez]

Those are pretty minor details and probably won't have much to do with the case anyway, so I think you'd be causing more trouble for yourself than anything else if you made a big deal out of it. In general, judges tend to side with the guy who wasn't drinking.

I suppose if the judge asked me if I agreed with everything in the report, I wouldn't lie about it. However, I would probably say that I respectfully disagree with some minor points made in the report and leave it at that.

EDIT***
That was supposed to say that I "wouldn't" lie about it, not that I "would". In general, lieing to the judge is a bad thing.

[moburkes]

I'm not buying it that you remember EVERYTHING when you were legally drunk, when I can't remember yesterday completely sober.

[sjmjuly]

Originally Posted by moburkes

I'm not buying it that you remember EVERYTHING when you were legally drunk, when I can't remember yesterday completely sober.

Being "Legally Drunk" and being hammered are two totally different things. And quite frankly I don't care what you "buy" and what you don't.
I remember everything that happened that night from start to finish. And I DO remember what I did yesterday - Completely sober.
This forum is supposed to be a place people can get advice and information. It's a not a place for people to be judgemental of others. I would appreciate it if you would kindly remember (if you can, because apparently you have a problem with remebering,,,,) that when posting to people's questions.

[moburkes]

Originally Posted by sjmjuly

Being "Legally Drunk" and being hammered are two totally different things. And quite frankly I don't care what you "buy" and what you don't.
I remember everything that happened that night from start to finish. And I DO remember what I did yesterday - Completely sober.
This forum is supposed to be a place people can get advice and information. It's a not a place for people to be judgemental of others. I would appreciate it if you would kindly remember (if you can, because apparently you have a problem with remebering,,,,) that when posting to people's questions.

FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding.

So, tell me again, what part you have a problem with?

[sjmjuly]

"FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding."


So unuseful posting isn't a waste of time?

Nuf said,,,,,

[moburkes]

Originally Posted by sjmjuly

"FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding."


So unuseful posting isn't a waste of time?

Nuf said,,,,,

Not mine, especially when I'm getting paid.

[sjmjuly]

Originally Posted by moburkes

Not mine, especially when I'm getting paid.

Apparently not enough,,,,,,

[FlyingRon]

The police report is largely immaterial (and frankly, even if it were accurate, I'm not sure what difference it makes). If you take this to trial, then the officer will be called in as a witness, and what he says then is what matters. If you wish to present evidence that his testimony is incorrect, you can do so at that time.

I'm not sure why testifying that you were drinking (which is obvious from the BAC) and that you are not a college graduate is going to help your situation.

[sjmjuly]

Not to be harsh, but did anyone actually read what I posted?????
I am not trying to get out of this or fight the ticket. I just want to be able to tell the truth if the judge asks me questions about the police report. Some things are missing and some entries are incorrect. If I have to lie to the judge to keep myself from getting in more trouble, then I guess that's what I need to do.
Yes - According to Officer Hirshman and the state of Maryland I was legally drunk. I am not disputing that, but police officers believe it or not, are human too and do make mistakes just like other people. I just want to tell the truth, take my punishment, pay my debt and not get into anymore trouble.
I thought these boards were here to assist people, not bash them into next week.

[moburkes]

If I have to lie to the judge to keep myself from getting in more trouble, then I guess that's what I need to do.

So, which one is it?

I just want to tell the truth, take my punishment, pay my debt and not get into anymore trouble.

[CdwJava]

Originally Posted by sjmjuly

Some of the information the police officer put in the report is incorrect, and some of the conversations we had while I was in custody were omitted.

The police report is not evidence. It can be used as a tool to impeach testimony and to refresh one's memory, but not much else.

One of which the officer slipped and said I wasn't intoxicated.

Since DUI involves IMPAIRED driving, being intoxicated is not relevant. Intoxicated is generally falling down, sloppy drunk ... one can appear to be just about fine and still be legally impaired (i.e. too drunk to drive).

I am not trying to fight this charge, but I am wondering if the judge asks me questions about the report and I tell him the truth, will the judge be angry at me for not agreeing with everything the police officer reported?

I doubt it. Besides, the judge is not likely to ask you anything. If you plead out, your attorney will work that out. Your involvement would be to acknowledging no one coerced you to make a deal and agreeing to the deal. You MIGHT have to allocute to the offense (i.e. admit to how you came to drive drunk) but that's about it.


- Carl

[sjmjuly]

Originally Posted by CdwJava

The police report is not evidence. It can be used as a tool to impeach testimony and to refresh one's memory, but not much else.


Since DUI involves IMPAIRED driving, being intoxicated is not relevant. Intoxicated is generally falling down, sloppy drunk ... one can appear to be just about fine and still be legally impaired (i.e. too drunk to drive).


I doubt it. Besides, the judge is not likely to ask you anything. If you plead out, your attorney will work that out. Your involvement would be to acknowledging no one coerced you to make a deal and agreeing to the deal. You MIGHT have to allocute to the offense (i.e. admit to how you came to drive drunk) but that's about it.


- Carl

Thank you, and thank you for not being a judgemental jerk in your answer.

[PainInTheRear]

Originally Posted by sjmjuly

Not to be harsh, but did anyone actually read what I posted?????
I am not trying to get out of this or fight the ticket. I just want to be able to tell the truth if the judge asks me questions about the police report. Some things are missing and some entries are incorrect. If I have to lie to the judge to keep myself from getting in more trouble, then I guess that's what I need to do.
Yes - According to Officer Hirshman and the state of Maryland I was legally drunk. I am not disputing that, but police officers believe it or not, are human too and do make mistakes just like other people. I just want to tell the truth, take my punishment, pay my debt and not get into anymore trouble.
I thought these boards were here to assist people, not bash them into next week.

I read what you wrote and I feel the same way. I had DUI too - but not from drinking - from prescription medications. I really hear ya. As far as the questions the officer asked you and answered incorrectly - MY attorney told me that the police may stretch the truth a bit and make it to be in their favor. It is you against them basically. As far as if the judge asks you questions - just be honest. Do you have an attorney? I feel the same way about wanting to tell the truth and take my punishment, pay my debt and all of that. And yes - it was a mistake - just like I made a big mistake. We all make mistakes. The police aren't God. I have found a lot of people on this board to be rather "unkind" - for lack of a better word. As far as beating yourself up on this, try not to. I have heard that about a hundred times this pask week. It is really hard for me too. How much alcohol does it take to become legally drunk anyway? 2 beers? 4? 1 bottle of listerine? Ketoacidocis from the Atkins diet? I have no idea. I was just curious. I feel for you. PM me if you want to talk. I am no expert - not by any stretch - but I AM learning and I am understanding.
PITR

[pacific22]

Originally Posted by PainInTheRear

I read what you wrote and I feel the same way. I had DUI too - but not from drinking - from prescription medications. I really hear ya. As far as the questions the officer asked you and answered incorrectly - MY attorney told me that the police may stretch the truth a bit and make it to be in their favor. It is you against them basically. As far as if the judge asks you questions - just be honest. Do you have an attorney? I feel the same way about wanting to tell the truth and take my punishment, pay my debt and all of that. And yes - it was a mistake - just like I made a big mistake. We all make mistakes. The police aren't God. I have found a lot of people on this board to be rather "unkind" - for lack of a better word. As far as beating yourself up on this, try not to. I have heard that about a hundred times this pask week. It is really hard for me too. How much alcohol does it take to become legally drunk anyway? 2 beers? 4? 1 bottle of listerine? Ketoacidocis from the Atkins diet? I have no idea. I was just curious. I feel for you. PM me if you want to talk. I am no expert - not by any stretch - but I AM learning and I am understanding.
PITR

Very well said. Agree 100% with your above statement.