Legal Question in DUI Law in California
Wrong date
I appeared in a municipal court in Ca. this week to answer amisdemeanor complaint on D.U.I. charges. The deputy handed me a form (228-97) telling me what I've been charged with. It was stamped Filed Superior court of Ca., and dated 3/4/2002. The arresting officer signed and dated the bottom 02-15-2002. Now my question :The first sentance at the top of the form reads: The undersigned, upon information and beleif, declares: That on or about 02-15-2001, in the etc etc etc. The date was hand written by the arresting officer and is very clearly one year earlier. I pleaded not guilty and have a hearing next week. Is the mistake enough to have the case dismissed ??? Thank You
3 Answers from Attorneys
Re: Wrong date
MOST LIKLY NOT. But it is important to show the papers to your attorney,or feel free to have us review them. LARRY WOLF 310 277 1707
Re: Wrong date
Thanks for your posting. Although you may hear a lot about "technicalities" in the law resulting in dismissals, in this particular case, the first time this is brought up, the document will be "amended" so that it shows the correct date.
That doesn't mean, as Mr. Hobbs stated, that it doesn't have value for showing that the officer makes mistakes, but it probably won't get you as far as you'd like without further facts or actions on your lawyer's part.
If you have other questions, please email me directly at [email protected] -- I'm happy to help in any way that I can.
Re: Wrong date
They will simply send it back to have the officer correct the date, or the D. A. will correct it by making it his/her complaint, and amending it. If the matter is tried. Tt might be of some use to show that the officer was tired, not paying attention, etc.
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