Corvallis, OR asked in DUI / DWI for Oregon

Q: I got a dui and the cop put down the wrong time can I get out of it

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1 Lawyer Answer
Brandon C. Foy
Brandon C. Foy
  • DUI & DWI Lawyer
  • Stanfield, OR
  • Licensed in Oregon

A: The short answer is probably not. The incident date/time is one element of the crime that must be proven beyond a reasonable doubt, but the charging document (i.e., the ticket from the officer, or an information of misdemeanor later issued by the prosecutor) usually includes the term “on or about” to describe the indcident date/time, which relieves them from having to prove the exact time of the incident.

That said, you should consult with an attorney to explore your options as soon as possible. Best of luck to you.

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