Can my Hawaii D.U.I. be thrown out for missing arresting officers sworn statement.?

Asked over 1 year ago - Kailua, HI

I got a DUI in Hawaii I opted for blood draw 3 hours later it was taken, it came back at 0.10. However the license was returned to me in mail because the ALDRO stated the arresting officers Sworn statment was missing, Which indeed my File copies do not have it. I have the sworn statement from a transport officer., arrest reports, but no AO/SS. However i still face court in 2 weeks. Can i have it dismissed based on this proof?

Attorney answers (1)

  1. Jasen Bodie Nielsen


    Contributor Level 19

    Answered . Possibly, but in CA it would abnormal for a case to be dismissed in such circumstances without being vigorously fought by an attorney. It's also possible that the officer did do the sworn statement and it somehow got lost in the shuffle. I'd suggest using avvo to find a couple of local DUI attorneys and give them a call - most will offer a free consultations. Good luck.

    Jasen Nielsen

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