Q: Can dui ticket be dismissed if the officer said no passenger on citation but there was a passenger?
My boyfriend was pulled over, I was with him. He switched lanes without signal and they accused him of being under the influence. The officer asked to see my id. They gave him a field test, in the cold with slippers and shorts on. He was cold and has physical ailments. They arrested him. On his citation it says no to passengers. They ordered me to leave the scene once they decided to arrest him and threatened to arrest me too. Can the ticket be dismissed because on the citation it says no passenger. But I was the passenger.
A: Dismissed, no. But the officer’s omission might result in fertile cross-examination. Retain an attorney.
A: No, the DUI ticket cannot be dismissed for that purpose alone. On the other hand, a gifted lawyer can explore this discrepancy in the ticket to attack the officer's credibility at trial. Additionally, a lawyer may be able to review the ticket and report to see if there are more discrepancies to support a motion to suppress or dismiss the case. Remember, don't go it alone.
Jonathan Blecher agrees with this answer
A: The simple answer is no. However, it may be used during cross examination to show the officer does make mistakes.
Jonathan Blecher agrees with this answer
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