How many discrepancies does there have to be in a police report to get a citation dismissed?

I was cited for running a red light and causing a collision which I believe I was not at fault for. The other driver lied in the police report and claimed that I had hit her, even though the damage to both our cars proved she was the one who hit me. She also stated in the police report that she had only been going 10 mph, but the extensive damage to both our cars, seems to prove that she couldn’t have been going only 10 mph. Also, the diagram in the police report of the accident was inaccurate. Are these discrepancies enough for my citation to be dismissed at my hearing?

Asked on July 19, 2012 under Accident Law, Colorado


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is up to the trier of fact with respect to the citation that you have written about (usually the traffic court judgment) to determine whether or not the prosecution through the citing police officer has met its burden of proving the offense beyond a reasonable doubt.

Depending upon the judge, only one discrepancy on a material matter could be enough to have an offense dismissed. In your situation, the numerous discrepancies that you have written about may just be enough to have the citation against you dismissed.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.