My dui police report says 10-11-09,indictment says 8-11-09... dui advisement card is dated 10-11-09... blood alcohol affidavit has both dates 8-11-09 by the person doing the blood draw,and 10-11-09 by the police officer who is listed as a witness... blood alcohol submission form has both dates... incident date 10-11-09... sample date 8-11-09


Do you think this is harmless eror and will be corrected or is this a problem for the prosecution... they are charging I drove drunk on 8-11-09,however all there evidence is dated 10-11-09... the blood paperwork reads like the witnessing officer came back and sighned his witnessing two months later than when the blood was taken... if this is not a problem than why even have a witness?why have a date on the paperwork at all... at some point the compency of the officer has to come into question?

Hello taz:

It might. I'd hire me a good lawyer.

excon

You can try a lawyer, as excon says. However, I wouldn't pin too many hopes on a simple typographical error letting you off the hook.

You can try a lawyer, as excon says. however, I wouldn't pin too many hopes on a simple typographical error letting you off the hook.
The blood evidence ,I think has to be thrown out due to the officers date conflicting with the emts date .
I don't think this is a "typo" the date is wrong a total of fifteen times,some of it is typed and some is in the officers handwriting,it is also in his narrative of events.

If this were a check I was writing to a business they would call me on it .This officer just thought the month was October for some reason,its not a typo or a clerical error it is a mental error on the part of the officer.Hell the weather here is totally different from August to October ,I don't know what he was thinking!
It will be hard to imagine a jury convicting with such glaring errors in the evidence!

I am not hanging too many hopes on this issue ,there is a fourth amendment issue regarding the anonymous tip leading up to the stop of my vehicle,without witnessing anything illegal by the officer.I am awaiting a motion hearing on this .

The dates issue as far I can find out through my research ,the prosecuter will move to have the paperwork ammended(fixed)shortly before trial,and the two attorneys can argue the issue to the judge then... or the prosecuter doesn't bring it up and I go to trial like it is using the dates to discredit the officers version of events.