Legal Question in DUI Law in Louisiana

Re: Wrong Personal Information

Dear LawGuru Friend,

From what you post here, my guess is that the fact that the arresting officer wrote down your middle name wrong is not going to be enough to get you off of a DWI, especially if he got down your correct birth-date and home address, your correct car license-plate number, your correct drivers license number, etc. At some point the prosecutor will discover this minor mistake and amend the papers accordingly to state your correct name. I wish I could offer you more encouragement over this minor flaw in the process, but I do not think that that alone will be enough to help you escape prosecution for the DWI charge. That is just my guess, my thinking, based on almost forty years' of practicing law and sizing things up. There is nobody who likes to win a criminal case more than I do, and who likes to get a client off more than I do; but I still have to face the facts that although the cop made a mistake, he did not make a big one, certainly not big enough to get you off a DWI charge just for that. You do not have to plead guilty, however, just because you were ticketed for DWI. You have the right to a trial, to make the state prove your guilt beyond a reasonable doubt. I believe in putting the state to the test, in making them prove their case. Of course, there are always ways to dispose of criminal charges without a trial and a finding of guilt or innocence. You might look for an alternative method of resolving this DWI charge without a trial and/or a finding of guilt. Call your D.A.'s office and inquire if there is a way to have them dismiss this charge without your having to face a trial. Of course, if you can, I recommend a lawyer, although lawyers are expensive; but in the long run it might be cheaper for you. Best of luck! If I can help, feel free to call on me.

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA

Re: Wrong Personal Information

Not unless you find a sympathetic prosecutor who uses that "error" to dismiss the charges...otherwise, when the officer takes the stand and points to use as the guy he stopped, arrested and charged, it matters not what name is on the ticket.....