Can an erroneous statement by the arresting officer help my DWI defense?
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Can an erroneous statement by the arresting officer help my DWI defense?
The officer stated in the complaint that he was southbound on main street and observed me traveling west bound, turn right onto main street without coming to a complete stop and drift into his lane. I believe his reasoning was impaired as he was busy being
Asked on August 22, 2012 under Criminal Law, Minnesota
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Under the law when a factual issue is in dispute, credibility of a key witness is key for the trier of fact in making its decision. With respect to your matter, an erroneous statement by the arresting officer regarding your DUI matter will not help the prosecution's claim.
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