If an officer's police report directly contradicts video evidence, could his testimony be excluded from trial? 8 Answers as of June 23, 2014

My husband was arrested for a DUI. The video evidence from the police car materially contradicts the officer's narrative of what happened. The discrepancies are blatantly obvious. For example, the officer said he stopped him because both of his tail lights were out and he was weaving. The video clearly shows that both tail lights were working properly and there was absolutely no weaving. There were so many false details on this police report. What type of hearing can be held and what would be the potential results of this hearing? This case is based solely on the officer's word. They do not have other evidence that could be used to convict him. We know this case would be strong at trial, but would rather not go through the stress and risk associated with a trial.

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Michael Breczinski
Michael Breczinski | Michael Breczinski
The first hearing would be a probable cause hearing for the arrest. The video is used to impeach the cop. If that does not work then it is used at trial in front of the jury to show the cop is less than truthful.
Answer Applies to: Michigan
Replied: 6/23/2014
Elhart & Horvath, P.C.
Elhart & Horvath, P.C. | Mattias Johnson
The short answer is yes, though his testimony may not actually be excluded, it would certainly be given lesser weight. Your husbands case will be assigned to a prosecutor, and the prosecutor will look at the evidence and decide how to charge him. It may seem expensive, but hiring an attorney with experience in defending DUI convictions is likely your best bet. The attorney will be able to meet with the prosecutor and go over the evidence, or lack thereof, and possibly convince the prosecutor to plea you husband down to a lesser charge based on the difficulty that the prosecutor can see he will have proving his case at trial. Additionally, you need to consider the court fees, that will accompany a trial as opposed to a plea. Also, the value of not having a DUI conviction on your husbands record can be substantial.
Answer Applies to: Michigan
Replied: 6/18/2014
Law Offices of Ezra N. Goldman
Law Offices of Ezra N. Goldman | Ezra Goldman
You need a motion to quash. And you need an attorney to file and argue it right.
Answer Applies to: Michigan
Replied: 6/18/2014
Hamblin Law Office | Sally Hamblin
If you have an attorney, a motion of dismissal could be brought based on those facts you stated. It is evidence that must be brought. If you have an attorney advocating strongly, he or she could talk to prosecutor first requesting dismissal based on that evidence. You need a good attorney to correctly pursue the matter. The officer needed probable cause to stop the vehicle. If no probable cause existed, seek dismissal. Keep in mind, if your husband volunteered any guilt later on, that may be challenged.
Answer Applies to: Michigan
Replied: 6/18/2014
Klisz Law Office, PLLC
Klisz Law Office, PLLC | Timothy J. Klisz
Talk to your lawyer about this. They will know your judges tendencies.
Answer Applies to: Michigan
Replied: 6/18/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You need an attorney now to challenge the probable cause for the stop. That occurs early in the proceedings. Get an skilled and aggressive attorney now!
    Answer Applies to: Michigan
    Replied: 6/18/2014
    Torni Gaudenzi Law, PLLC
    Torni Gaudenzi Law, PLLC | Tracy Torni Gaudenzi
    In Michigan, you would start with an evidentiary hearing regarding the validity of the traffic stop and the validity of the resulting arrest. The officer would have to testify and the video viewed by the judge. It is important to have an attorney that is prepared for this type of hearing. If you have not retained a criminal defense attorney, then now would be your time to do so.
    Answer Applies to: Michigan
    Replied: 6/18/2014
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    You will need an experienced DUI lawyer representing your husband so he can bring the proper motions to suppress or dismiss the case based upon lack of probable cause. If not granted, it can be used to attack the credibility of the officer at trial.
    Answer Applies to: Michigan
    Replied: 6/18/2014
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