What to do if I was arrested for DUI and there was a disrepency between the officer’s written report and the videotape?

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What to do if I was arrested for DUI and there was a disrepency between the officer’s written report and the videotape?

In the official report he stated that I was going 25 mph under the speed limit. However, while being given the breath analysis test on video tape, he stated I was going 10 miles over speed limit (50 mph in a 40 mph speed limit). Can the descrepancy in his written report and taped video be used to my advantage?

Asked on February 15, 2013 under Criminal Law, South Carolina

Answers:

Robert Johnston / Law Office of Robert J. Johnston Attorney

Answered 8 years ago | Contributor

I don't think the first answer you got really addressed your question. Discrepancies such as the one you pointed out are commonly used by defense attorneys to challenge and call into question the officer's credibility. However, there is far more to a DUI case and the case would have to be reviewed in its entirety. That would include all of the obvious and more, since the DUI law is rather complicated and quite involved every since it was re-written in 2009.

If you were arrested in Horry or any of the adjacent counties and would like to talk, you are welcome to call.

Robert J. Johnston    843-946-0099     Myrtle Beach

Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 8 years ago | Contributor

Hello. Discrepancies in a police officer's (peace officer's) written report and other evidence certainly occur.  Yes, certainly, the attorney may make use of a discrepancy to advocate for the client's interest.  In the event a person is facing such a situation, I definitely recommend that if faced with such a situation you immediately confer privately with an attorney who works in the field of criminal law.  I recommend that you make several phone calls to attorneys, because it is critical that you choose an attorney with whom you feel comfortable and a sense of great trust, and, of course, fees will vary (some attorneys will consider your finances in legal fee or offer 'sliding fee scale' while others do not). All the best.


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