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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 12 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.