When i finally got my hands on my incident report from my DUI arrest, the description of events was worded completely different and in way more harsh sounding terms than what was described on the pink slip arrest warrant court appearance paper i was given including a difference in order of events. Should the 2 documents and their description of incident not be pretty similar. It just seems like they were telling the strory differently to me on the document they provided me with then they were going to tell court with the arrest/incident report that I had to go get on my own days later. I dont know if this right or wrong, just looking for someone who might know or has experience with this. The two documents should have been filled out at or around the same time during all the process at the police station and it seems the descriptions would appear the same. Any insight will be helpfull and appreciated.
2007-09-26 04:22:25 · 4 answers · asked by Mr. Bad Decision 1 in Politics & Government ➔ Law & Ethics
The arresting officer(s) are required to complete a detailed report of what happened, what was said, and what went down at the time of your "incident." Of course, since they are all public officials, they will want to make things look way worse than they were (not to say that it's alright to drive drunk, of course!) but thats' how the prosecutors get their convictions. They're [the officers, I mean] going to act like they investigated the matter by turning in this horrific account of what they think you did and how it all led up to your arrest. Otherwise, they wouldn't really have much of a case.
The best thing for you to do is to get an attorney and have them review the two documents and go from there. Sometimes officers embellish things in those reports, or things they state in the reports don't make much sense, which is unfortunate, because a lot of times, unless you were in a wreck, or someone got hurt, that officer's report is all the evidence they have to prove their case.
Good luck.
2007-09-26 04:47:32 · answer #1 · answered by Methlehem 5 · 0⤊ 0⤋
A police report is not a criminal summons, court charge or an indictment: it is simply a report so that the officer's superiors and department have a record of the incident and resultant arrests or other activities. It is highly unlikely that errors on a police report will have any bearing on the trial with the sole exception that an defense attorney might be able to use the errors to some advantage. Double jeopardy doesn't even remotely enter the picture as you have described. You've been listening to people that have no idea what the law is. The best advice offered is that you retain the services of a good defense attorney.
2016-04-06 01:58:15 · answer #2 · answered by ? 4 · 0⤊ 0⤋
The police report and the facts in summons, may not match exactly, but still be true. You need an attorney, to look into your case, and to judge the legality of the two papers.
2007-09-26 04:26:32 · answer #3 · answered by Beau R 7 · 0⤊ 0⤋
Perhaps a good lawyer can make something of this in defending you.
2007-09-26 04:25:35 · answer #4 · answered by Anonymous · 0⤊ 0⤋