If video contradicts the police report, is it means for dismissal in a DUI case?

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the officer states text book procedures in his report. he did not ask for drivers license, registration, insurance. he says he stopped me for speeding but later in video he said he stopped me for driving all over the place. he also states that he signaled me to stop and i didnt. then he said he placed me under arrest then proceeded to ask me if i wanted to do breath test or blood test. none of this happened, and video shows the contradictions. the report has made up quotes i said as well that i never happened. is probable cause the only thing i can challenge? my blood was taken, and you can see that im intoxicated on video. my BAC was definitely high.

8 Attorney Answers

Best Answer
You really need to talk to your lawyer about this. Cases don't just get dismissed. It might provide good raw material for your lawyer to negotiate with the DA; on the other hand, the DA might say the discrepancies are minor and let a jury decide.
Best Answer
The issues you have pointed out will not lead to a dismissal, but they can be used 1) to push for a favorable resolution with the DA, or 2) used to make the cop look like a liar on the stand so that the testimony he has can be questioned by the jury. Unfortunately, given a high BAC you're not in a good position and really should retain an experienced criminal defense attorney to assist you to ensure the best possible outcome.
Best Answer
With a BAC that's "definitely high" this case won't just go away based on a perceived discrepancy in the reports/videos.
Best Answer
It is not cause for dismissal unless the DA believes that the officer's word is no longer credible and dismisses the case. The jury will consider the testimony and the tape before making a decision.
Best Answer
Absolutely not unless the DA wans to dismiss the case. And because you had a definitely high BAC have fun trying to argue that.
In criminal court with a misdemeanor you can't get a case dismissed because you thinkt here's discrepancy with the evidence. That's what trial is for. The trier of fact (judge or jury) will decide whether you are guilty beyond a reasonable doubt.
To illustrate my point I prosecuted a DUI once where the Defendant blew a 0.225. The officer who wrote the report write it two weeks after the fact and made a ton of errors. The Defendant was still convicted. No one ordered the case dismissed because there were discrepancies.
Best Answer
Thank you for your question. The police do have to have probable cause to arrest in every criminal case without a warrant, and it sounds as though the videotape in your case proves there at least some issues.
In a DUI case, you can also challenge the testing of your blood or breath, for a variety of reasons, and there may be other issues, either factually or legally, that could help you challenge the case.
Whether a contradiction is "means for dismissal" goes to the strength of the contradiction, and is usually up to a judge, after bringing a motion to suppress evidence. That is where a good attorney can challenge the evidence and help you fight the case using the video.
All the best to you.
Best Answer
This does not mean your case will be dismissed. In fact, police officers routinely do exactly what you have outlined above and get away with it, because at the end of the day, there is some empirical evidence to demonstrate impairment. The prosecutor won't care because the video shows you were impaired. Further, the only thing that really gathers steam are important or material inconsistencies - most courtroom personalities on other side will see these things as immaterial or collateral. The only thing your lawyer can do here is waste time with a "Pitchess" motion - that's a motion that may allow us to peek into the officer's file and see if similarly situated people have complained.
Think about it this way: The only way your lawyer can prove these collateral inconsistencies that you have outlined, is by playing a video that shows you were drunk. DUIs are tough.

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