Union City, TN asked in DUI / DWI for Tennessee

Q: Can you use discrepancies in a DUI police report, if it says that I crossed the fog line whenever there wasn't one?

I've noticed going through logic as a former Correctional Officer at a State Prison that there is a simmular need to cover your tracks in the Arresting officers' report, but it has shown unreasonable to me that this arresting officer actually typed in the police report that I crossed the fog line, when there wasn't one and the road was full of pot holes. There wasn't even an a fashionable line to make out between the two lanes "although that wasn't noted as a reason" the condition of the road should be taken into consideration, shouldn't it? I go through 2 cans of dip a day, and I often dip when I drink, I knew I was border line, I wanted to actually get blood tested too to help my chances for a first time offender. But the Breathalyzer was tested twice at the police station with .115 being the first and .125 being the second, Why a 10 point difference between the test, wouldn't this mean inconclusive?

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1 Lawyer Answer
Anthony M. Avery
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Answered
  • DUI & DWI Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Certainly. But it might help to prepare for a Preliminary Hearing at Sessions if that is where you are at. Your lawyer cross examines the officer that made the stop, and you possibly put in pictures at that road area showing no fog line exists in your lane of travel. If that was the alleged reason for the stop, then at Circuit Court, a Motion To Suppress can be filed and argued prior to Trial. You need a competent attorney now.

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