Athens, TN asked in Criminal Law for Tennessee

Q: Friend's boyfriend was stopped then arrested.Police report is 80% incorrect.Can this be used as an advantage in defense?

A friend of mine was leaving my apt complex (where my friend and her boyfriend lived also, until 1/11/2019) & was stopped by the police dept. My husband was watching surveillance cameras & saw the stop, ran to me to have me reach them to see what was going on. Come to find out her boyfriend's(that was driving the car)drivers license was suspended. I jumped in my car, pulled down close, parked my car and watched. Make a long story short, my friend's boyfriend was arrested and she needed a licensed driver to drive the car home so they motioned for me to come up to the scene. A female officer(whom wasn't the arresting officer)asked for my DL, checked for validation and I drove the car back down to my home. Picked up a copy of affidavit of complaint from General Sessions, and almost all of the report is completely incorrect. Report says I was in car with him at time of stop.I was not, my friend was, only a fraction of mistakes made on report. Could this be an advantage in his defense?

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1 Lawyer Answer

Anthony M. Avery

PREMIUM
Answered
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: The Boyfriend needs to hire a competent attorney. The reason for the Stop is very important, but it may have resulted from the Officer recognizing him as having no License. Prepare for the Preliminary Hearing on the real facts, but more importantly, he needs to get that License reinstated so he can bring it to Court. Unfortunately even if the Stop is bad, or the Warrant is dismissed for other reasons, the Court can just issue another from the Bench with the Officer's sworn testimony. Get the Driver's License reinstated now.

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