How best to fight a questionable DUI charge?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How best to fight a questionable DUI charge?

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?

Asked on December 26, 2011 under Criminal Law, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

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.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption