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

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?

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Attorney answers 1


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



Thank you Jasen but if its a dismiss able technicality then that's what it is. As such should be held up by whomever raises the issue ? What would a prosecutor's fight be ? I have the certified full copied file from them no AO/SS. ( Where can i look up previous DUI cases to quote ?) Also 2.47 min. between a drop of only .026 from blow to blood. AO/SS would show i was given water and urinateded while in his custody ?



2hr.s 47 min.from road blow to blood draw, would be a drop of close to .6-.8 for a 175 lb male..I also was on a prescription Xananx that would be in his statement.



I just dont have the money for a attorney. Hell the Bail was 500 i didint have. Sorry guys.

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