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LawTalk
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Category: Criminal Law
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Experience:  30 years legal experience
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i got pulled over for a dui the cop was following me for about

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i got pulled over for a dui the cop was following me for about 2 miles so close i couldnt see his headlights over the tailgate of my truck. when i recieved the report and paperwork by mail i noticed he had claimed that i crossed the fog line 5 times but only had 4 in his report. Took breathalizer i asked to see results he refused to show me took fst he stopped the one leg stand at 28 sec mark his repart stated i dropped my leg twice when i know for a fact i didnt. Are these flaws in the report legit?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  LawTalk replied 1 year ago.
Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation.

While the flaws in the report may be flaws, they are not going to impact on your guilt or innocence at all. Crossing the fog line one time gave the office probably cause to stop you. From there is all down hill. If you are convicted of DUI, it will be based on the test taken not at the scene, but afterward at either the police station or the hospital---depending on the type of test.

Your attorney will certainly want to attack the inconsistencies between the report and the true facts---however that will not be enough by itself to have the case dismissed.

You may reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.


Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time in assisting you. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and contact me with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to address your concerns to your satisfaction.

I wish you the best in 2012,

Doug
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27889
Experience: 30 years legal experience
LawTalk and 11 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

thank you for your assistance i was mainly concerned if the flaws could have been as our military rports and fall under false officail doc, which makes them unusable.

Expert:  LawTalk replied 1 year ago.
Good afternoon Mitchell,

Oh no, civil law enforcement reports may be literally rife with errors and not be deemed unusable. It happens all the time. The true test is how the prosecutor charges the case and what proper evidence is produced to prove those charges. The issues like the difference between 4 time and 5 time over the line, and the number of seconds a person holds their leg up in a Field Sobriety Test are not essential to either the proof of the case, or indicative of the inadmissibility of other non-defective proof.

Thank you for your kind words. They are appreciated. However, until you rate me highly for my service, I will not be credited with helping you. Would you be so kind as to highly rate my service to you so that I will be credited with assisting you.

Thanks again.

Have a great day,

Doug

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