If I got a DUI but the time is marked A.M. instead of P.M. for court date and the officer didn’t mark that I took a breathalizer test, can it be dismissed?

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If I got a DUI but the time is marked A.M. instead of P.M. for court date and the officer didn’t mark that I took a breathalizer test, can it be dismissed?

Asked on April 19, 2012 under Criminal Law, Arizona

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is possible that the ticket or the police report that you write about that has errors within it can result in the dismissal of the charges against you, but the chances seem unlikely based upon my experience in such matters.

First the "a.m." versus "p.m." issue seems to be a scribner's error and can be remedied by testimony by the arresting officer. Secondly, the breathalyzer absence and test results if detrimental to your case possibly could assist in a dismissal of the charge against you in the police report.

I suggest that you consult with a criminal defense attorney further about your matter and how best to defend against the charges against you.


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