There is a lot of discussion about what makes a “bad arrest” after a person has been arrested for DUI. There are literally thousands of mistakes a police officer can make during a DUI stop that can lead to dismissal of the charges.
These mistakes include: stopping a vehicle when the officer does not have reasonable articulable suspicion of crime being committed, failing to gather enough evidence to support the charge and other technical errors that would lead a court to believe that the DUI charged could never be proven.
There are other “mistakes” the police officer could make that will NEVER cause the DUI to be dismissed, for example: making any mistake that can be characterized as a scrivener’s error. Those mistakes include getting the color of the car wrong, putting the wrong date on the ticket, etc. These mistakes never result in a DUI case getting dismissed because the court will allow an officer to correct these mistakes if those case were brought to trial.
How can you tell the difference between the mistakes? Sometimes it is easy, and sometimes it is not so easy. If the officer puts the wrong return court date on a ticket, it is very likely the court will allow the ticket to be amended to reflect the correct date. However, if the officer puts the wrong date on the Notice of Summary Suspension, it is likely that the Secretary of State will not confirm the suspension and kick the ticket back to the arresting department. This may result in the suspension being thrown out if the driver has filed a motion to defeat the suspension. Of course if the driver has not filed the motion the suspension will probably not be thrown out.
Telling which mistakes may lead to positive results is something that you should have an attorney look at after an arrest for DUI.
Ray Flavin, Law Dude, is an attorney who practices law in McHenry County, Illinois. His law offices are located across the street from the courthouse in Woodstock, IL. You may reach him directly at (815)669-6969