Is incorrect statements by arresting officer grounds for dismissal? 7 Answers as of January 24, 2014

I was charged with a DUI. As I was going over the officers' sworn statement and the incident report, I saw that the sworn statement says I refused a standard field sobriety test but the incident report has a detailed statement describing a SFST. I did do a SFST by the way. Also, the SFST worksheet submitted in the report was left empty but due to the officers statement that I refused the SFST, he was granted a search warrant for my blood. So I'm curious if I can either get the search warrant thrown out due to false information provided by the officer and ultimately get my case dismissed?

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
What search warrant? Please stop pretending to be an attorney. You are clueless. There was never any search warrant. The refusal refers to the breathalyzer at the station. A mistake in the report is not the grounds for dismissal. Either retain an attorney, or face a conviction.
Answer Applies to: Georgia
Replied: 1/24/2014
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
That would depend on how good your DUI lawyer is. Without one you are toast.
Answer Applies to: California
Replied: 1/23/2014
Hudson Bair | Hudson Bair
This type of factual conflict between reports generated by officer(s) can create a fertile area for cross examination, either in a motion to challenge the constitutionality of your arrest or in front of a jury. It is unlikely to result in the prosecutor dismissing the case unless it is especially egregious or the testimony of the officer(s) fails to reconcile the two reports. You should discuss this with your lawyer, he/she may have some experience with this scenario and may be able to tell you how they handled it.
Answer Applies to: California
Replied: 1/21/2014
Law Office of Robert E McCall | Robert McCall
No Yes/No answer. Issue is for the Judge to decide. It depends on how serious the misstatements were.
Answer Applies to: Florida
Replied: 1/21/2014
Law Office of Edward J. Blum
Law Office of Edward J. Blum | Edward J. Blum
Check to see if there was an audio recording that shows cop is a liar.
Answer Applies to: California
Replied: 1/21/2014
    Robert S. Evans ESQ | Robert S. Evans ESQ
    The inconsistent statement goes to the credibility of the officer, this will affect the possible outcome of the case.
    Answer Applies to: New York
    Replied: 1/21/2014
    Connell-Savela | Jason Savela
    Lies on a search warrant can definitely help in getting the blood results thrown out - lies by a cop can be used to sue him civilly. If the results of the SFST support innocence, you may have a very good case. If they do not, and the officer lied to get a Search Warrant, then maybe he would lie about the SFST sounds like a fun case. Some important information- If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. DO NOT REQUEST THE OFFICER. The receipt DMV gives you allows you to drive until the day of the hearing. Request a copy of the Expressed Consent Packet. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
    Answer Applies to: Colorado
    Replied: 1/21/2014
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