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My DS 367 form was altered from the original copy that I received. Does this help my DUI case?

Sunnyvale, CA |

My DS 367 form had the Drivers License section marked as "suspended/revoked" on my pink copy of the form. When I got the police report, in there, was a copy of the same form, however the afore mentioned was crossed out, and the "surrendered" box was marked. This means the form was altered, even though the officer has "certified under the penalty of perjury, under the laws of the state of CA, that the information contained on all pages of this Officer's Statement is true and correct" by sigining the form. Can this help my case?

Attorney Answers 4


  1. The alteration will help support a defense, but it wont do any good as your only defense. You need to get a lawyer who will perform a proper investigation to prepare for the DMV hearing. That alteration, however, can help show that they officer latter added stuff, or someone else did without the officer's knowledge, and that the form is therefore, not trustworthy. It CANNOT be something you simply just argue though. You should have an attorney perform an investigation and then have them bring the officer in for questioning because that information may also end up helping you in Court.

    Any information provided through Avvo.com in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.


  2. No... Sorry, just a clerical error. Of no help at the DMV nor of any help in the defense of your DUI in court. If necessary the Hearing Officer can have the officer there to explain but nothing will come of it.


  3. If you have an attorney, you should bring this to his/her attention immediately, as the alteration may have tremendous bearing upon the credibility or lack thereof of the arresting officer, both at the APS hearing which the DMV will conduct, as well as in the court.


  4. I think the best that can be said is that it raises a possible issue !

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