I was convicted of a dui . In the police report the officer wrote that he completed and faxed in the report the same night of the arrest. , a friday . The next 2 days after the arrest ,saturday and sunday I called the station to obtain my report but the arresting officer said it was not finished yet and would be ready at my monday morning arraighnment. Can I appeal this case on the grounds that the police officer perjured himself . I know that the station calls are all archived and that they would prove he lied.
2007-03-08 13:59:45 · 10 answers · asked by michael d 2 in Politics & Government ➔ Law & Ethics
You didn't give a lot of information that was of help in evaluating the fact pattern of your case. PRESUMING that you handled this yourself, without the benefit of having an attorney, you were already at a disadvantage. NO ONE should ever deal with a DUI without having an attorney to defend them.
That said.. you said you were convicted. This means that you either pled guilty or you were found guilty after a trial. If you appeal the conviction, an appellate court is going to be interested in two things: 1) Was the trial (if there was one) fair? 2) if no trial, were you properly advised of your rights, and did you plead guilty freely and voluntarily? If they answer either of these YES, then the appellate court will rarely reverse the lower court.
I think you really don't understand what's going on, and need to consult an attorney who is licensed in your state IMMEDIATELY. He/she can advise you on the appropriate law under the circumstances. For a referral, contact your local or state bar association.
2007-03-08 17:01:35 · answer #1 · answered by Phil R 5 · 0⤊ 0⤋
the respond relies upon upon many components and the decide. you relatively need to get your interior sight telephone e book out and seem up legal professional's and seem for people who say they artwork with DUI drivers. in the experience that your telephone e book does not coach any DUI attorneys in basic terms call an legal professional workplace and ask them in the event that they might provide you the names of the DWI attorneys in the section. considering the fact which you probably did refuse to do the breath attempt you have gotten made it even harder on your self. In getting your license back, that is going to count on the state rules and the decide. rules selection from state to state. some states are much less annoying than different to handle. Do your self a want and get an legal professional to handle this for you. If it particularly is unquestionably your first offense and don't have numerous different violations or unpaid violations the legal professional can in all probability get you off with in user-friendly terms a great and a few factors on your drivers license. you'll be able to could attend some training on using below the impression. you are able to anticipate a extraordinarily hefty wonderful i might suspect. An legal professional could have the means to get the wonderful down some. you are able to guess you will no longer get off without some form of punishment. superb difficulty to do after it particularly is throughout with is to no longer drink and then get in the back of the wheel. you already understand that besides so there is not any might desire to maintain beating you approximately it.
2016-09-30 10:15:25 · answer #2 · answered by ? 3 · 0⤊ 0⤋
No, they most often take a cops word over a defendants. And perjury is commited under oath.Police lie on a daily basis. And if you had a DUI you should never be able to appeal it anyway, as long as they have a blood , breathlizer,sobriety test performed. And if you had DUI why do you feel you should get away with it? DUI drivers are negligent and are clearly not responsible enough to drive. Just quit drinking.
2007-03-08 14:33:21 · answer #3 · answered by PUBLIC CORRUPTION 2 · 0⤊ 1⤋
You're darned skippy it's worth appealing. DUI convictions are very costly, in terms of fines and making other arrangements when you lose your license. Additionally this could cost you a good job somewhere down the line when a prospective employer does a background check on you. So, get a lawyer and appeal this case ASAP.
2007-03-08 14:07:16 · answer #4 · answered by MsE 3 · 0⤊ 1⤋
Actually no, you won't win. He didn't commit perjury at all. Police reports are not "finished" until the clerk files them, even if they are completed and turned in to the appropriate person. The officer did not lie.
2007-03-08 14:05:08 · answer #5 · answered by cyanne2ak 7 · 0⤊ 1⤋
The police did not make a clericla mistake, therefore no. However, I think it would be worth appealing anyway right! who wants that on their sheet. If you have no prior DUI's appeal it, if you do then dont.
2007-03-08 14:08:12 · answer #6 · answered by Joseph 2 · 0⤊ 1⤋
Tough call their my friend. It's best to go with the tide until you can swim to shore without drowning.
The system is rough on DUI's.
2007-03-08 14:04:31 · answer #7 · answered by andy r 3 · 1⤊ 0⤋
No, don't appeal. Suck it up, my friend.
[In best Stewie voice: Don't do the crime, if you can't do the time]
2007-03-08 14:09:35 · answer #8 · answered by Anonymous · 0⤊ 1⤋
if you drove drunk it dosen't matter what the cop did period learn your lesson don't drive drunk.
2007-03-08 14:11:45 · answer #9 · answered by Anonymous · 0⤊ 1⤋
It wouldn't matter. You still drove drunk.
2007-03-08 14:05:25 · answer #10 · answered by Anonymous · 0⤊ 1⤋