Legal Question in DUI Law in Kansas

DUI clerical errors/first offense

I was arrested on Nov. 16th 2008. My arrest ticket & DC 27 are dated Nov. 17th. Breathylyser done just after midnight on Nov. 17th but it appears I was given breathylyser before I was stopped for incorrect turn. Is this grounds for dismissal due to errors . Errors have been whited out on police report for DC27 but not on original ticket. I am a nurse and clerical errors are grounds for lawsuit or loss of medical license. Are police above the law? I need to keep license for work.


Asked on 2/01/08, 2:30 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Re: DUI clerical errors/first offense

Clerrical errors weaken the State's case against the Defendant. Too many weaknesses and the probably cause is too weak to warrant prosecution, and the Court will look favorably upon a Motion to Dismiss the charges. It is impossible, based upon the limited information you can provide here, to estimate whether there are enough weaknesses to warrant Dismissal in your specific case. As you have surmised, this is a serious matter, and you therefore, should consult and attorney in person at your earliest convenience.

Good Luck

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Answered on 2/03/08, 4:20 pm


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