DWI Appeal - Written Sworn Statement to DPS vs. Trial Testimony

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 "

Fredericksburg, TX -

Attorney Answers (4)

Macy Michelle Jaggers

Macy Michelle Jaggers

DUI / DWI Attorney - Dallas, TX
Answered

These inconsistencies are a basis for challenging the officer's credibility at trial. It's up to the finder of fact (judge or jury) to decide whether they believe the officer. You are unlikely to be successful on an appeal solely on this basis.

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Richard Timothy Jones

Richard Timothy Jones

DUI / DWI Attorney - Austin, TX
Answered

These are factual questions to be handled by your lawyer at trial. Prior statements can be used to cast doubt on the witness but are rarely grounds for successful appeals.
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Jasen Bodie Nielsen

Jasen Bodie Nielsen

DUI / DWI Attorney - Santa Barbara, CA
Answered

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.

Jasen Nielsen

Stephen A. Gustitis

Stephen A. Gustitis

DUI / DWI Attorney - Bryan, TX
Answered

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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