If you are arrested for DUI and there are discrepancies in the summons and police complaint, can the charge be dismissed?.

Question Details:

I was arrested for DUI at the end of March and just received my summons and copy of the police complaint. The last half of my last name is incorrect, throughout the summons and police complaint, so, my true last name is nowhere listed in either the summons or police report. Additionally, the model car I was driving is incorrect as well. This all occurred in the state of PA, where I am also a resident. What are my rights with regard to these discrepancies?

Asked 4/11/2010 under DUI / DWI | 1245 View(s) | More Legal Topics

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DUI / DWI Law Answers

Typically, courts will often excuse minor errors of this nature.  And a misspelled name and incorrect model number of car will likely not result in a dismissed ticket.  On the other hand, a major error such as having the completely wrong name or grossly misidentifying your vehicle might provide cause to dismiss the case.

At trial let the officer use the ticket to describe the location, violation, and identification of your vehicle; typically this is what they do. After that you can document the errors and the court will determine if a dismissal in appropriate.

Furthermore, there are numerous other defenses that can be put forth.  An experienced DUI defense lawyer can be invaluable in these cases.  They will examine all evidence and aggressively question the legitimacy of the charge.  This may result in the reduction of the charge or having it completely dismissed. 

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