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Kirbysmomma0729 · May 10, 2011, 05:59 PM

I went to jail for a DUI, upon being released I found the officer had made a mistake on my paperwork, marking me as a minor. I am 24 yrs old, can I get this charge dismissed?

ballengerb1 · May 10, 2011, 06:03 PM

You can petition the courts but they will not likely dismiss a case because of a simple error that went unnoticed by the officer, the judge, the states attorney and by you. What was the exact charge and what level did you blow in what state?

Kirbysmomma0729 · May 10, 2011, 06:08 PM

In Tx, I didn't do a breath analyzation, they did a sobriety test, I had informed the officer before hand I had undergone knee surgery and could not stand on one leg. So I said I refused the sobriety test, and took me to jail.

ballengerb1 · May 10, 2011, 06:12 PM

And charged you with exact what? Tell me the charges read in the court room please.

Kirbysmomma0729 · May 10, 2011, 06:17 PM

According to the paperwork it's for a dui

Fr_Chuck · May 10, 2011, 07:04 PM

No, a minor error does not make the charges invalid. The "ticket" is merely a summons to appear in court, You will be formally charged at the first appearance in court. Normally waived if you posted bail.

Next no they do not have to do a breath test to charge and convict you of a DUI, your actions that caused the officer to stop you, how you acted according to officers testifying when he approached the car and the several things he did for the drug test.

Your attorney ( and you will need one in a DUI) may try and prove fault in test by submitting your medical records and having your doctor testify that you could not do the standing test. But that still does not change the other issues such as slur speech, movement of eyes and other things done for a DUI field test.

Your attorney will ask for officer records to prove he is post certified to do DUI field tests