My husband was arrested and charged with battery on a LEO and DUI and resisting arrest with violence . On the ticket the Officer wrote out says that he refused the breathalizer test but on the Police report it says that he did of his own free will and what the alcohol level was suppose to be..My question is ..Is this a matter that we should get a lawyer and see if this can be thrown out or what can be done about this? The ticket and report was done and signed by the same Officer.
1 Answer from Attorneys
The ticket itself is not evidence, so an error like the one you described will likely not result in the charge being dropped. Battery on a LEO is a felony and can have serious consequences, so I would advise you to speak with an attorney regarding the whole offense. If the officer made an obvious mistake like you described, then there may be other issues with the case.
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