Mauston, WI asked in Constitutional Law, Criminal Law and DUI / DWI for Wisconsin

Q: If a police officer puts the wrong time in report . Can case be dismissed . I was stopped at noon not midnight . He lied

I was stopped 2 days after I purchased a vehicle the office pulled me out of the truck preformed DUI test said I failed but I was sober . Lied on report said midnight and it was noon when stop occured . His testimony should be invalid even if I had a small but detected amount of controlled substance . The case should be dismissed plus never read Miranda rights . His probably cause was my eyes where "pinned and was sweat a lot" it was 105 that day plus I came from a junk yard after taking a part off junk truck and installing on my new one plus no a/c so yeah . I could see probably cause at midnight if sweating but not noon and the fact he lied to got the narrative of cause ..... Please help .... I am taking to trial and my lawyer said it doesn't matter he put the wrong time and vehicle plus no Miranda rights

1 Lawyer Answer

A: If you were sober, the drug test will most likely be the single strongest piece of evidence that determines your guilt or innocence. If you had a small amount of a controlled substance, the "driving facts" will also play an important part in determining your guilt or innocence. A small enough amount of a controlled substance most likely doesn't impair a driver enough to affect his driving.

I think that the midnight versus noon might be a factor if the officer used the word "midnight" instead of "12:00 AM." Confusion over whether midnight is 12:00 AM or 12:00 PM is pretty common and won't be dispositive of your case.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.