Do the police have to prove dispatch time and time of arrival if you disagree with whats on a report?

Question

Ok, so I finally was able to pick up a copy of my incident/arrest report from my DUI charge. Well there is an issue of time and how long it took them to breath test me. I wholeheartedly disagree with the time on my report, is this something they would have to prove and is there records kept of actual dispatch times and times of arrival to the scene? This is all going on with a very small town law enforcement agency and I dont belive they have been as accurate and thorough as they should be. The report even reads like they gave me my blood alcohol test on site at the scene and this did not happen, it did not occur until sometime later at the actual police station.Is that an issue in itself? The big issue is that i feel like they were over their 2 hours in getting my test but the arrest report has what I belive to be an inaccurate time. yeah i know, get a lawyer...I'm just trying to gather all the info i can to see if its worth it first. Thanks in advance for any helpful answers.

Ok, i understand DUI is wrong and yes it was a bad decision to get on the road, but those of you that like to hop on these questions and throw stones are not helping anything. i asked a certain question and that question was not "Am I a guilty *** drunk driver?" There is a specific question. If you have no insight why answer other than to just get your answer points. And yes if there is a way out I want to find it. it has nothing to with being a man and facing up. If I am found guilty i will take what they give me and understand what I may have done was wrong, but there is no glory in going to jail and paying fines if you have a way out of. Its theire job to convict me, its my job to prove i shouldnt be convicted. Every person has this right. It has nothing to do with manning up. Whats the point in throwing yourself under the bus if you dont have to.I'm sure every time some of you drive over the speed limit you dont run to a judge and beg for a ticket. Different but still illeagle.

Answer 1

so u got busted for driving drunk. If your drunk your going to be impaired, time will move slower. Things will seem like they take forever. your just a dumb*** that drove drunk.

Answer 2

i'm not from Tennessee, yet you will desire to double examine that regulation. i comprehend a pair states have the same regulation, in spite of the shown fact that it states if the attempt isn't performed in the timeframe, and the alcohol is under the criminal decrease, an authority is had to testify what the point could have been on the same time as you have been making use of. This regulation favors the state, not the driving force. Why did it take greater desirable than 2 hours? this could be considerable for them to document. as some distance by using fact the cases, they'd desire to be documented. this may well be a remember of public checklist. placed up a written request to the organization, with the beginning time and ending time you desire to check. propose them you're inquiring for the advice under Open records rules. All clocks are actually not the comparable, yet would desire to be close. ensure you request sufficient time before and after the supply up.

Answer 3

Here's the problem: If you go to court, the judge isn't going to care one bit about what you know. The judge only cares about what you can prove, and if it comes down to your word against that of the police, the judge will give the word of the police a heck of a lot more weight than yours. In this case, the police have a built-in defense -- you were drunk, so your perception of time is skewed (according to them). You can get a lawyer, but I'm betting it'll be a big waste of time and money. Even if everything you're saying is true, you can count on the police to circle the wagons and tell the judge whatever they have to in order to get you convicted.

Answer 4

I am sure that the judge will believe you that the blood/alcohol test was not done in the field. I have not heard of a 2 hour limit for testing, although many do it much faster than that. I don't think you will have any luck going this route but you do need an attorney.

Answer 5

Look go ahead and say that you were STILL drunk 2 hours after your arrest, see how much that is going to help your case. You were DUI, you did something wrong, face up to it, instead of looking for a technicality to get out of it.

Answer 6

If you have a jury trial, the jury decides matters of fact. If you are tried by the judge, then besides deciding on matters of law, the judge will decide matters of fact. The judge will normally believe the police over any lay citizen.