Q: speeding. In his complaint he accused me of DUI in a black car. Also, his Affidavit says lab results from her blood.
because this is not entirely true to the best of his knowledge- Can his complaint and Affidavit be tossed? I am a male and my car is bright silver, this was noted on the first page of complaint, he goes on to put me in a vehicle, namely a black one, multiple times for each charge. His Affidavit states the lab results found said chemical traces in her blood. These are mistakes, and I'm a little confused. Her blood, typo or not is a sworn statement.
A:
First of all, I see that you're asking your question from Ft. Myers, FL. If your situation is, in fact, in Florida, I suggest you try asking your question to Florida lawyers -- not Pennsylvania lawyers. For argument's sake, however, I'll assume you're from Florida and asking your questions based on an incident that occurred while you were up here in Pennsylvania.
It could very well be that the court paperwork at the lower court level is so incorrect that the present case against you cannot stand. If so, the cop could withdraw the case, and then re-file it against you with the correct information. So, could you get the case tossed as-is now? Perhaps -- but it's likely that the lower court judge will allow the cop to withdraw the case to re-file it later against you. So either way, you're not in the clear.
I suggest you contact (and hire) a good criminal defense attorney up in Pennsylvania to deal with this. Best of luck to you.
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