What happens when you get a DUI but the ticket has the wrong name on it?

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What happens when you get a DUI but the ticket has the wrong name on it?

Asked on March 21, 2012 under Criminal Law, Colorado

Answers:

Robert Johnston / Law Office of Robert J. Johnston Attorney

Answered 10 years ago | Contributor

Chances are very likely that you were photographed or video taped at some point during the arrest or the booking process, or both. Its a good question, but in the long run if they want to convict you, they probably will be able to amend the ticket. A lawyer that approaches this correctly, might be able to use this to your advantage to some extent. Consult with an attorney.

V. Iyer / Iyer Law Office, LLC

Answered 10 years ago | Contributor

Mr. Hong is right. However, in Colorado clerical errors or errors that do not affect the substantial rights of the Defendant will not result in a dismissal of the charges. The DA and police are alowed to amend or correct the summons and complaint. Hire a criminal defense attorney to help you. Thsi is not a simple matter. Do not let the police or DA know your real name for now but let the criminal defense attorney investigate this matter in order to make sure that all other details in your case matches with your information. Do not lie or give incorrect information to the Court, the DA or police.

The fact that you have the summons or complaint in your posession is indicative that you may have been the person that the police infact did cite???

 All the Best

Hong Shen / Roberts Law Group

Answered 10 years ago | Contributor

A clerical error like a typo would not count. The police can amend the ticket as long as they have other infomation to identify you, especially when you were arrested and served the ticket in person.


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