IF an police officer makes an arrest for Dwi in Tx ,then when you see the arrest report the officer states that you refused a breath sample but then on just one page of the report there's a part that kinda shows that a breath sample was given. Could he just testify in court that that was just a typo, even thought the paper is a sworn statement. Or could the accused have enough with that to get the arrest report thrown outa court? Anyone with Tx criminal law expertise give me an answer.
2006-12-20 11:58:16 · 13 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
How hard is it to convict a person of Dwi? You dont give a breath sample, The video tape dosent look bad the cop has to repostion himself on the damn tape himself, you look normal cuz you really didnt drink much, You were only pulled over for driving 72 in a 60 but who dosent do that! The no evidence other than the cop saying he smelled beer on you. There was no accident you just an average person who works and pays bill like everyone else. Would you take my freedom away for sumthing so dumb,. Knowing that theres no evidence. The evidence of the police report has an error that they couldnt even take my license away in an Alr hearing.
2006-12-20 12:14:59 · update #1
Look sum of you are missing the big picture, How can you justify a cops actions knowing hes made a mistake on an arrest report. I could be you or sumone you know!! How can you let them make convictions with mistakes on sworn statements. No eveidence to even conclude you were drunk just by saying he smelled beer. Am not one to make excuses, but shoot dont think for one second cops are on your side. There alot of bad ones who like to mess up normal people lives!
2006-12-20 12:41:34 · update #2
People who convict people without physical evidence are the ones who srew up the system!!Why send sumone to prison if he has never stole sumthing in his life and never assualted anyone. Plenty of people have a beer at a bar or club and get behind the wheel and drive the ones who cause accidents admit there guilt but when nothing happens aquit idiots! Stop living in freaking fear of who the hells behind the other wheel.! If we all thought like you no one would ever leave there house!! How stupid.
2006-12-20 12:48:36 · update #3
I doubt your case will be dismissed over the mistake you mention. You said the tape did not look bad. Have you seen the tape? Did it show you driving poorly before the stop? Speeding defiantly won't help your case. In most states refusing a breath test results in an automatic loss of your license for a set time. This applies even if you later prove you were not under the influence.
2006-12-20 12:40:37 · answer #1 · answered by STEVEN F 7 · 1⤊ 0⤋
If you take a Breath test and you do not provide a sufficient sample then the breathalyzer will show the test result as a refusal. Many people take the test but then try and beat the test by putting their tongue over the end of the mouthpiece and acting like the air is not passing through or they start blowing and then stop to quickly. I have had them try all kinds of things to try and make me think they were cooperating when the entire time they were just trying to make a good showing without actually providing an adequate sample. Even if the sample would have been a good readable sample the percentage of DWI cases that the person gets acquitted is still about 50 / 50. All you have to have is one person on the jury that has driven drunk or has had a bad experience with a police officer and they will find the person not guilty just because. A good lawyer will win most of their DWI cases.
2006-12-20 12:15:07 · answer #2 · answered by tx_ndh 2 · 4⤊ 0⤋
Oh goody. Another "I was busted for drinking and speeding and the COP made a mistake, but I'm innocent" post.
The person "missing the bigger picture" is you. You were speeding, and you admit that you were drinking. And what you want is for the "justice system" to just let you off the hook "because of the typo".
And NOBODY is taking your freedom away. You have the right to go to court, face your accuser and make your point. IF you can make an *** out of the cop, you'll probably get off. But if you are relying on a typo to get "scott free", then well, let me know so I can show up with a big tub of popcorn and a giant Coke and watch the fun because THAT, my friend, is comedy.
You must not think you are as innocent as you say, since you're talking about being sent to prison unfairly. Whoops. Yeah, you said that.
Plenty of people do drink and drive. You're right. Plenty of people get caught, and plenty of people try to justify it, just like you're doing now.
And then you have the audacity to call people stupid.
For everyone's sake, including the community on Yahoo, please, next time, take a cab.
2006-12-20 12:59:21 · answer #3 · answered by Anonymous · 1⤊ 1⤋
if it's a sworn document aka affadavid, it has to be 100% accurate otherwise it is void. W.O that it's his word against yours but he still needs some sort of proof i would immagine. If you got a dwi or dui you NEED a lawyer. If you refuse to take the breath test (ALWAYS REFUSE) the DMV will take you lisence away, not a court which is a lot better because you are going to lose it anywase. I hear ya though and i know for a fact cops drink and drive ALL THE TIME. get a lawyer and you should be fine
2006-12-20 14:02:28 · answer #4 · answered by rehcueguy 2 · 0⤊ 0⤋
Most states require two breath samples for the test to be valid. If you gave one breath sample then refused the seond it is a refusal. Therefore and if that is the case, the officer would be correct in indicating a breath result that indicated the presence of alcohol in your system even though the actual BAC (blood alcohol content) might not be admissable. Or you could do like supper trooper said and quit drinking and driving. You want to kill yourself go ahead but don't kill anyone else in the process!!
2006-12-20 12:10:19 · answer #5 · answered by Leigh P 3 · 2⤊ 0⤋
Did you refuse it at first then change you mind? Not sure about other states, but here a refusal is an automatic admission of guilt. Beside, no biggie, you took the Breathalyzer.. besides, alcohol involved, if you were guilty, judge will not be in your defense anyhow. Best not to drink and drive, no worries then.. If I don't have a designated driver, I stay home.. But I know how things can happen. Not sure about Texas, but you can either pay big buck for attorney, or big bucks in fines.. either way, is going to cost you financially..
2006-12-20 12:18:00 · answer #6 · answered by tootsie38 4 · 0⤊ 0⤋
a million. He did you a favour with the help of not busting you for the lighting fixtures fixtures element 2. He did you yet another favour with the help of letting you bypass once you've been being disorderly in a save(with the help of ways you need to have reported the shop proprietor to the community health and safe practices authuority for promoting previous stuff or requested him nicely to refund you if he did not difficult success) with the help of this factor he might want to were your superb chum. besides interior the mart incident you do not have any case for a large number of causes I received't worry going into specially because the basically element that ought to probably be stumbled on even untoward often is the actual incontrovertible truth that he reported probably your son even although not some thing to do with the regulation . Sorry if that replaced into difficult to hearken to. yet i imagine the subsequent time you word him you need to offer him a hug.
2016-12-01 00:43:13 · answer #7 · answered by ? 4 · 0⤊ 0⤋
I think it depends on how it was written wrong. If he just wrote the wrong thing down by accident i don't think he should be in too much trouble, but if he did it on purpose then he could possibly get fired, but most likely probation because it is not that big of a mistake.
2006-12-20 12:07:35 · answer #8 · answered by Math Geek 2 · 0⤊ 0⤋
The Damn cop will be allowed to amend his report They always are. I had one claim he had me on video When we got to court he couldn't produce the video and was allowed to change his report. Unfortunately if a defendant tries to change his statements he is not allowed to Get yourself a good attorney.& you just may be able to beat the case.
2006-12-20 12:33:42 · answer #9 · answered by bisquedog 6 · 0⤊ 0⤋
Well smelling alcohol on someone is reason enough to give them a breathalyzer and if you refuse in most states that counts as a positive and you can lose your licence
2006-12-20 12:30:38 · answer #10 · answered by Love always, Kortnei 6 · 0⤊ 0⤋