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Error On Citation - Breathalyzer Result Error

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  • 04-21-2008, 08:35 AM
    triple_M
    Error On Citation - Breathalyzer Result Error
    I was tailgating yesterday with my family for my college football game. Undercovers saw me pass an alcoholic drink to my brother. I started to take a walk with my boyfriends mother when the cop followed me and asked me how old I was. I was honest and told him that I was 20. My father came over immediatley as well. The officer asked me if I would take a breathalyzer test. I jumped at the chance to prove that I had not been drinking. My father and my brother came with me to the car where the cop administgered the test. He said that it starts out at 0.001 and that any jump in that number would result in a citation. When I took the test, my results read 0.006, meaning that I blew a 0.005. I had been drinking late the night before and the cop said that this could have triggered it. They wrote me a citation for posession of alcohol and wrote that I handed a drink to my brother, who is 32. The cop said that he could not testify against me saying that I was drinking because he did not see me drinking, he only saw me hand my brother a drink. When we walked away, we realized that he wrote the result of the test as a 0.05, which is a significant difference! We could not meet up with them again that day because they disappeared. My dad left his business card in the car window and the cop called him back. My dad talked to him about the error and the cop realized it. he said that it wouldn't make a difference because he wasn't testifying but that he would change it. How can I make sure that he does change his mistake and can my case be thrown out because of the error on my citation. There is a great difference between a 0.005 and a 0.05.

    thanks
  • 04-21-2008, 09:56 AM
    Happy Trails
    Re: Error On Citation - Breathalyzer Result Error
    You didn't mention your state. However, from what you posted you are being charged with possession not consumption.
  • 04-21-2008, 11:08 AM
    triple_M
    Re: Error On Citation - Breathalyzer Result Error
    I am from PA. I understand that I am being charged with posession and not consumption, but I am asking about the the error made on the slip itself about the breathalzyer result. If I blew a 0.005 and he wrote it down as a 0.05, where do I go from here. Could it be considered void because it is incorrect. the officer even said that he was changing as he spoke to my father on the phone.
  • 04-21-2008, 11:53 AM
    Happy Trails
    Re: Error On Citation - Breathalyzer Result Error
    IMO, I don't see how that error is going to void a possession citation; especially since the officer is going to correct it anyway.

    Consult with an attorney, some offer free consultations and see if you can get it dismissed.
  • 04-21-2008, 01:08 PM
    cdwjava
    Re: Error On Citation - Breathalyzer Result Error
    Possession does not require consumption. Even tossing out the breath test entirely, the officer still saw you with the alcohol. That is possession.

    - Carl
  • 05-08-2008, 05:12 AM
    usedbranflakes
    Re: Error On Citation - Breathalyzer Result Error
    ...and possession is 9/10ths of the law (well, it's 10/10ths in this case). I had a cousin nailed for MIP and Uncle and Cousin with open container because of bags full of beer cans that they had collected for extra money were in the passenger compartment (the trunk was full).

    The officer smelled the fermented alcohol and though he had a DUI. He was pissed at my Uncle and told him so because my uncle blew 0.00 in the brethalyzer.

    Fortunately my dad knew the officer and the magistrate; the officer and my Uncle had some really bad blood.

    Police have to make arrests and they have a very keen eye and a keen short-term memory. ...and that's all they need in order to write their citation and report. It's good that your dad caught the slip and had it fixed.

    If you challenge it it may get thrown out. See if you are eligible for a court appointed attorney when you go to your arraignment. It may be that they agree to drop the charges if you pay the court costs or they may defer ajudication if you go to an alcohol class and pay the court costs. Even a few extra bucks means a lot for a municipality.

    Back at home our University had people busted for public consumption for tailgating. When people stopped coming to the games the University took a hit in tickets AND alumni donations as people watched the game from home and had their parties there. The university pressured the legislature and city council to exempt university propery even though it was "public".
    ...so the officers moved to the corners where people crossed the street. Posession of even an empty cup with a drop of alcohol was all they needed. ...so then people started overflowing the little trash cans in the lots instead of using the big cans at the stadium.
    Eventually the University hired city officers to make a few extra bucks and that miraculously cured all the problems with the citizens, the university, and the brothers in blue. Alumni donations went up and the university had sellout games.
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