If I was arrested on a DUI charge and booked under 2 wrong names, will this help my case/cause a mistrial?

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If I was arrested on a DUI charge and booked under 2 wrong names, will this help my case/cause a mistrial?

I was booked under a name that was my middle in place of my first with no middle (same last) and then a name completely different than mine. I will add that he and my court appointed attorney talked about this for 5 minutes. I pled not guilty.

Asked on May 3, 2012 under Criminal Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Just because you were booked under the incorrect name after you were arrested, you were still arrested, booked and showed up for your first appearance concerning this criminal matter, an arraignment.

As such, the court has jurisdiction over you and the fact that there is an issue concerning the name used in the booking process concerning you will not help in the defense of the charges against you from what you have written.


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