my buddy was pulled over for a dui in novemeber (i think the 8th is the exact date)

on his ticket it said mandatory court date on dec 2nd. so we look at the ticket and they have the wrong car, car model, vin number on it. he calls the DA and asks about the ticket and when he is supposed to appear in court and they say they have no record of him for any ticket besides an underage drinking he got 5 years ago. ok thats weird.

we tryed to look up his ticket on the court system site but again, the only thing showing up was the underage he got. weird. we go to court on the date he is supposed to go and they have everyone listed on a board that is supposed to be there on that day. hes not on the board...they also have a computer that you can look up your name and hes not on that either...wtf?

his name was never called for the date he was supposed to be in court for.

flash forward to about jan 12th (it was that week dunno the exact date) and he gets a letter in the mail from the cop who gave him the origanal citation and there is a new citation with a new court date to appear at. so he calls up the DA and AGAIN his name is not on there.

flash forward to today and he has 2 charges filed on him on the 29th of january (court date is for tommorow the 4th). it doesnt say what the charges are but there are 2 filed

how is this possible that there was no record anywhere and he was not called in court the first time on the ticket but they can send him a new ticket for a different date?

didnt they fuck up so he gets off?

any help greatly appreciated...

cliff notes:

friend got dui

info was wrong on the ticket

no record of the ticket anywhere

wasnt called out on day court was supposed to be

got a letter saying hes been charged with the same crime now different date

He runs very well. If all the info is wrong on the citation, this is the easiest case in the world to beat.

any mistake's in the police report make a defense attorney's job very easy.

Make, model and car are extremely vital info on a DUI.

ya tell him to call a lawyer asap

Bump for answer from TheFirm

 

Originally Posted by TheFirm53

any mistake's in the police report make a defense attorney's job very easy.

Make, model and car are extremely vital info on a DUI.

my first real job as an attorney was as a DUI Prosecutor

I would still be able to convict your friend imo but I did run goot back in the day.

seriously your friend needs to get an attorney who practices criminal law to represent him

he shouldn't try to show up and talk his way through this but it is very important that he get a lawyer who is experienced in criminal matters

p.s. your friend should also quit driving after drinking it is def -ev

they will have trouble bc the info on the ticket is incorrect not bc they didnt have the first date although the officer might need to explain wtf was up with not getting info to court on time

what was your friend's bac?

 

Originally Posted by Lameass_

the first time he went inot the court room for the first ticket they never actually knew he was in there (aside if they went thourgh the video servalence shit and picked out his face) so how can they refile it twice? that seems like bullshit.

and yea like i said they have the wrong car info all around so that should help his case?

my uncle is a lawyer in the state as well but i havent gotten ahold of him yet i wonder if hes got some difference info on this type of shit.

but lemme get this straight they can write up a ticket with the wrong info, not call out your name for your court date, then refile it and its fine even though they fucked up?

Procedurally yes, what you are referring to has to deal with the evidence at trial being capable of convicting your friend.

The State can voluntarily dismiss the charge against your friend, and assuming it is dismissed without prejudice, the State has the option of refiling the charge against your friend.

The wrong info is going to be used during the trial OR for a pre trial directed verdict motion to get your friend off.

Again, you need to see a lawyer in your state about this because every state can have different rules, procedurally and substantively. Evidence law in your state may exclude the officers ticket and report.

I don't care what his friend blew in this situation. What is probable cause that allowed the officer to pull him over in the first place?

If the officer noted he pulled over a blue mustang for speeding, then thought the occupant was intoxicated, and administered a F.S.T. and breathalyzer.

However, the vehicle of the occupant was a red Civic, then the Officer did not have the requisite probable cause to subject the driver of the red civic to the breathalyzer because the red civic was not speeding, the blue mustang was.

the cause for him being pulled over is "somebody was follwing him and then the cops pulled him over"

doesnt say that on the ticket obv but im sure thats in the report.

he was driving a infiniti but the ticket says he was driving 1991 ford WITH NO TYPE OR COLOR OF CAR, WRONG PLATES, WRONG VIN.

i did post prior to seeing he blew a .25.

It really doesn't change much imo but like slugger said less likely to catch a break blowing such a high amount.

Lameass, this is a very beatable case. Though it bothers me that your pal drives intoxicated not to mention driving 3x the legal limit, in this situation I would be appalled if he was convicted.

Have him hire an attorney asap. The money he spends on an attorney will be the best $ he had ever spent. The cost of a DUI conviction will be so much greater.

ty for the info guys

and like i said i am NOT defending him for what he did, cause its fucking retarded. just looking at the legal side of it the court fucked up.