Like my fellow attorneys have mentioned, a difference in the version of events leading to an arrest is not enough to get a case dismissed. As you can imagine, the majority of people placed under arrest have a different version of events than the arresting officer. It's almost impossible to get a favorable outcome in your case without hiring an attorney. Use the Avvo search feature to find an experienced DUI attorney in your area.
Disclaimer: Posted answers do not constitute an attorney-client relationship and are based on the general information available in the question posting. Always contact an attorney in your geographical area with the specific details of your case before taking any action.
You need to hire a competent criminal defense attorney in your area to represent you. It is not unusual for the defendant to have a different version of the facts from the arresting officer. Proving a factual dispute is one thing, and using it to your advantage is another. And getting a case dismissed on that alone is not common. Get counsel.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
A prosecutor will never dismiss based on this. You would need to try the case and hope a jury believes you over the officer. Get counsel ASAP.
My answer to you question does not constitute legal advice. Only an in person or telephone consultation will result in an attorney/client relationship. Call me at (313)402-0853 to discuss your matter further.