Can I fight a charge of pubic intoxication?

Recently I was arrested for public intoxication. I chose to exercise my right to remain silent and refused a breathalyzer test. I went to the county jail and had court in the morning. The main reason I am asking this question is because they gave me my copy of the complaint and it is signed and everything, but in the paragraph where it states what had happened and why they arrested me, they put a completely different name for the defendant than what is stated up above which is my actual name. I was appointed a public defender. Can this be dismissed based just on that fact?

Asked on July 22, 2012 under Criminal Law, Iowa

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country you have the right to contest a criminal charge of public intoxication as guaranteed under state and federal constitutions.

Whether or not the charge against you will be dismissed due to some error in the charges against you with respect to names remains to be seen. However such error shows some sloppiness on law enforcement's or the district attorney's part. I suggest that you rely on the advice of your appointed public defender.


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