How best to fight a questionable DUI charge?

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How best to fight a questionable DUI charge?

My husband was charged with DUI by an off duty officer from a different district. The officer flagged him down on the interstate, put him in handcuffs and drove him to the nearest sherriff’s department in his personal vehicle. Once there, a different officer wrote out the citation. On the ticket they made a mistake as tio my husband;s vehicle; he drives a 14 year old pickup and they put it was a new model pickup. The officer who wrote the ticket never even saw the truck. Should we try to fight this in court or just pay the fine?

Asked on December 26, 2011 under Criminal Law, Mississippi

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Generally speaking, typos or minor errors (writing down the wrong model vehicle, which doesn't affect whether or not your husband was DUI) does not invalidate a charge; nor does the fact that the paperwork was completed by a different officer. What matters was whether they can prove your husband did the offense complained of; that said, errors do effect the reliability of the police testimony and can indicate a weaker case.

There are lawyers who specialize in DUI/DWI cases; you and your husband should consult with one. The attorney can evaluate your best strategy, which may be to pay, or may be to fight, or--very likely--may be to let the attorney try to bargain or negotiate to a lesser offense.


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