I would contact an experienced DUI attorney to go over all your options and possible defenses. It is not a guarantee that your charges will just be dropped because of an incorrect birthday. Many times there are problems with the affidavit of probable cause and this can be amended at the preliminary hearing. Again, I would make sure you talk with an attorney about all of this as soon as possible so you understand all of your rights and what options you have to potential fight the charges.
Seems like the officer may have cut you a break as many moving violation tickets get reduced to 311(a). Be careful what you write on these sites as well. I know you want to contest this, but even in your question you admit to speeding. This is something that I recommend you sit down and discuss with an attorney so you know your rights and options.
Your son does have many rights and you want to make sure they are protected. He should absolutely talk with a qualified DUI attorney immediately to go over his case and any possible defenses.
Please feel free to call me if you have any questions.
Zachary B. Cooper, Esq.
Levow & Associates, PC
Limited to DUI Defense
Until your license is restored by PENDOTT and you physically have your license back the DUI related suspension remains. I would contact an criminal defense attorney immediately and discuss all of your options.
A lot more needs to be known. For one thing there are mandatory sentences for DUI's depending on if a person has any priors, criminal history or if anyone was injured in an accident. If it is your first offense, even with an accident you may still be eligible for the ARD program. Successful completion of this program and there would be no jail time, no conviction and 3 month license suspension rather than a 1 year suspension.
You should contact an attorney and talk with them about...
The first thing I would do is hire a qualified DUI attorney in the County where it happened. Unfortunately when the paperwork is orginally filed it almost always shows a 1st offense which will be amended at the preliminary hearing or when the case moves up to the county. It is very important that you talk with an attorney who can go through all your options for a 2nd offense within ten years as well as any possible defense.
Which county did this happen in?
This is certainly a case you will want to sit down and go over with whatever attorney you chose to represent you. There is absolutely nothing wrong with using a public defender. Some are very good attorneys. Sit down with them prior to any hearing you have and go over any defenses that you may have. I hope this helps!!!
I would strongly suggest that you hire a qualified DUI attorney. You can still be charged with a DUI even if you only had prescription drugs in your system and it is something to discuss with your attorney. You certainly may have some defenses that you can use and a qualified DUI attorney will want to look at the blood results to see what shows up as well as the levels which may help you as well.
Have your friend contact a qualified DUI attorney to discuss this matter. It is highly unlikely that the case will just be dismissed based on what you describe however there may be some other mistakes that were made by the police.