How best to fight a questionable DUI charge?
Question Details:
My husband was charged with DUI by an off duty officer from a different district. The officer flagged him down on the interstate, put him in handcuffs and drove him to the nearest sherriff's department in his personal vehicle. Once there, a different officer wrote out the citation. On the ticket they made a mistake as tio my husband;s vehicle; he drives a 14 year old pickup and they put it was a new model pickup. The officer who wrote the ticket never even saw the truck. Should we try to fight this in court or just pay the fine?
DUI / DWI Law Answers
Generally speaking, typos or minor errors (writing down the wrong model vehicle, which doesn't affect whether or not your husband was DUI) does not invalidate a charge; nor does the fact that the paperwork was completed by a different officer. What matters was whether they can prove your husband did the offense complained of; that said, errors do effect the reliability of the police testimony and can indicate a weaker case.
There are lawyers who specialize in DUI/DWI cases; you and your husband should consult with one. The attorney can evaluate your best strategy, which may be to pay, or may be to fight, or--very likely--may be to let the attorney try to bargain or negotiate to a lesser offense.
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