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Wrong Personal Info on DUI ticket. (CRIMINAL LAW & PROCEDURE)

Sat, 22 Apr 2006 12:08:00 GMT

My son was stopped in Denton, Tx because his light was out around his license plate. He got a DUI, however the officer put some incorrect info on his ticket. First, he put on the ticket that my son is a 21 year old white male, when in fact he is a 20 year old black male, and secondly he stated that he had a Texas license plate, and he has a Arkansas license plate. Is this enough to get the case thrown out of court.

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  • Wed, 26 Apr 2006 05:11:00 GMT(1)
  • Those are pretty significant errors. They are not likely to trigger the dismissal of the ticket without your son's having to go to court, but a prosecutor may well be inclined to dismiss when confronted with the fact that his officer made such significant errors on the ticket. (The prosecutor would have to ask himself if he could convince a jury, beyond a reasonable doubt, that your son is the same person the officer identified as a 21-year-old white male.) There are circumstances under which conviction could still follow - if the officer, for example, had a video camera in his car and the encounter was videotaped, it's a lot easier for the prosecutor to address the deficiencies as clerical errors.

    Your son should consider consulting a criminal defense lawyer.
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