If an officer never wrote down the time or date on a minor in consumption ticketI recently received, what are the chances of me getting out of it?

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If an officer never wrote down the time or date on a minor in consumption ticketI recently received, what are the chances of me getting out of it?

I was on my way home from a party. My friend and I were stopped by a few officers. My friend was issued a DUI and I was issued a minor in consumption. However, the officer never wrote down a time or date on my ticket but wrote down the place and my pending charge.

Asked on December 28, 2011 under Criminal Law, Arizona

Answers:

Russ Pietryga / Pietryga Law Office

Answered 9 years ago | Contributor

Not writing down the time and date will not help in getting it dismissed.

That said, there are other avenues. Such as no reasonable suspicion and/or probable cause.  I say this because in a dui scenerio there is rarely any reason to question/search the passenger. 

Lastely, you can use mistakes to impeach officers on the stand. Such as, if he tates on direct that he relies on his police report and it is accurate, you can impeach him with his mistakes and omissions.

Hope this helps.


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