If you take your DWI case to trial and the officer states one thing in his written report then testifies in trial something completely different , over three years later , and refers to the statement in his report as a " typo " can his blatant lying on the stand be challenged on appeal ? There were several " typos "
A typo or a number of typos is rarely enough to affect the outcome of a case. They can, however, affect the credibility of the officer, who is trained to write accurate and thorough reports. Lies by the investigating and/ or arresting officer, on the other hand, can affect the outcome of a case, and obviously affect the credibility of the officer. The difficulty is establishing that there was an actual lie. I recently had a DUI case dismissed when I proved to the prosecutor that the officer had copied and pasted portions of his report from the arrest of another person. Good luck.
I agree with the other lawyers that winning an appeal based on this issue is next to zero. Unfortunately, the appeals process is heavily weighted in favor of preserving the trial court decision. Appeal courts want to protect judicial resources. Every case they reverse consumes more scare resources. Typically, an appeal court will take any "out" they can to affirm your conviction. But try anyway. You have a right to first level appeal! Make sure you take advantage of every opportunity you have.
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