If the officers report does not match up to the dui dashcam, can I still be convicted of dui?
Cumming, GA |
The officers reports states statements that were not said, observations that did not happen, said he gave a test (walk and turn) he did not preform, 3/4 of the report is wrong compared to dashcam and audio
That's definitely a good way to attack the credibility of the officer. Every case is different, but depending on the facts of your case and your own history (or lack of any criminal history), you may be able to get your charges reduced. Unfortunately, many prosecutors won't reduce your case unless you have good representation to argue on your behalf. It's always risky to handle a matter like this on your own, since your statements can be used against you, so call around and find an attorney you're comfortable with if you don't have one already. You can reach me at 404-987-0245 any time to discuss in more detail at no charge. Best wishes to you!
The discrepancies between the dashcam and the reports are fruitful areas for effective cross exam. You will need an experienced DWI attorney to represent your interests in this matter. The discrepancies, standing alone, do not necessarily mean the prosecutor will reduce or drop the charges, but having a good attorney representing you may convince the prosecutorr to embrace the warm light of reason.
Like Kevin mentioned, deviations from the written report will often persuade the prosecutor to offer a lesser charge instead of a DUI. DUIs carry extra punishments and are 'worse' on your record than other misdemeanors, so getting a reduction to a lesser charge like reckless driving or careless driving (names may vary state-to-state) is considered a 'win' in most circumstances. Be aware you will usually still have to complete classes, pay fines, etc.
It will probably NOT mean that the whole case is thrown out, especially if the BAC test part appears valid.
You can still be convicted, as there is no telling what can happen in a trial. The facts you have given raise serious doubts as to the credibility of the officer and could be a basis for the prosecutor to lower or even dismiss the charges. However, you still need an attorney to make sure that a copy of the dash cam is secured (as the prosecutor may just decide not to use it) and present the prosecutor with the problems with the case in a way they will listen to and understand. Not to say that you could not do this yourself, but prosecutors sometimes turn a deaf ear to people defending themselves. Having an attorney on your side to ram this down their throat would be to your advantage.
The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation.
Robert M. Gardner, Jr.
Hicks, Massey & Gardner, LLP
53 W. Candler St. Or 718 Oak St.
Winder, Ga. 30680 Gainesville, Georgia
(770) 307-4899 (770) 538-0555
serving metro Atlanta and all of Northeast Georgia
Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation
While that would not be an automatic dismissal issue, it certainly throws the officer's credibility into question and gives you a lot to argue at a motion hearing and/or trial. You should speak with a DUI attorney right away about those discrepancies and how best to use them in your defense.
If you do not need an attorney, you should get one. Although this is very good impeachment of the officer's credibility, you still can get convicted of DUI if the jury believes that the video exhibits enough evidence that you were impaired. Also, you have not mentioned whether you took the State administered test and, if so, its results. If you were .08 or over, you can be convicted regardless of what is on the video. However, you may have grounds for a motion to suppress the results of the test. You need legal counsel. Call me if I can be of assistance.
Allen R. (Rusty) Knox
125 TownPark Drive, Suite 300
Kennesaw, GA 30144