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
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.
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