Probable cause affidavit
I was pulled over in September for an illegal lane change which lead to an arrest for a dui. The police officer wrote in the Probable cause affidavit...''While traveling westbound...a toyota...from the left lane to the right attempting to pass a vehicle in front of him. I had to slam on my brakes to avoid a crash at which time the subjects front drivers side just missed my passenger side by a foot.''
Travelling from the left to the right my passenger technically would miss his drivers side. Is this a valid reason to have the case dismissed.
1 Answer from Attorneys
Re: Probable cause affidavit
inaccuracies such as that go to the credibility of the witness, in this case a police officer. Unfortunately, police officers walk into court "vested" with credibility despite the judge's instructions to treat them as any other witness. It may be used at trial to try and show that the officer isn't credible but the officer will be given a chance to explain the inaccuracy to the jury on redirect examination. It alone will not be enough to get the case dismissed prior to trial.
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