If an officer arrested you for dwi, but in his report made erroneous statements will the case be dismissed?
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If an officer arrested you for dwi, but in his report made erroneous statements will the case be dismissed?
My son was arrested for dwi, the arresting cop stated he was speeding up to a stop sign est. 50 mph but it is impossible as the point of this observation is a half block from the stop sign. The cop also stated this was 10 mph zone it is posted at 15 mph. The cops view was totally obstructed up to this point by a gas station, he also said he heard a loud car accelerating down this road ( he doesn’t own a loud car) his cousin does who was following, the cop stated this was the loud car no other present. He is representing himself tommorrow am what should he tell the judge for a plea?
Asked on May 3, 2009 under Criminal Law, Minnesota
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
He should tell the judge that he wants to hire a lawyer to represent him in the matter and request the court either defer his need to enter any plea or plead not guilty, and seek a delay in any trial.
Given what you have said it if the blood test shows his blood alcohol limit is above the limit his goose is cooked. It would take one heck of a good lawyer to get the stop thrown out as a pretext stop. His best chance may be to have the charges reduced to something less serious than a DUI.
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