If my tickets and all legal documents have the incorrect time stated for a DUI charge, is there any way to use that to my advantage?

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If my tickets and all legal documents have the incorrect time stated for a DUI charge, is there any way to use that to my advantage?

The tickets and court documents state 11:49 AM but I was pulled over at 11:49 PM. I have proof that I was in class at the time stated on the tickets.

Asked on November 14, 2011 under Criminal Law, Illinois

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Even though the ticket that you received for driving under the influence of a controlled substance or alcohol states an incorrect time (off by twelve hours) the error is simply a clerical error and in my opinion will not be a basis for an advantage to you at trial with the exception that you can claim that the arresting officer failed to pay attention to detail.

If so, you can argue that his testimony against you should be looked at with skepticism. If you do not have a criminal defense attorney representing you at the upcoming proceeding, you should retain one.


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