Lies in Police Report - OVI DUI?
In an OVI DUI case, if there are blatant lies in the police report, will it get thrown out. We were trying to cut a deal (first time being accused), and the Prosecuter would not cut a deal based on what the patrolman indicated in the police report. We are using the video to prove that he was lying. The patrolman indicated that he followed me weaving in and out of traffic and almost causing an accident on the highway. What will be on tape was my driving only in the slow lane at the speed limit. When he pulled me over his first question was if I knew the lady in front of me and that he pulled me over for tailgating. The woman in front of me was very slow to get off the exit. My exit was 1/4 mile, and I slowed down rather than changing lanes. It was late at night, and there was no other traffic. The patrolman indicated that I was belligerent and agressive. I was not, my neighbor who was my passenger was, I was well aware that everything I did was being taped. The patrolman indicated that I refused all testing outright. I asked him to take me to an independent testing facility. He said OK and then I was taken to the county jail - after he dropped off my neighbor at a gas station 3 miles from home in the middle of the night. YESTERDAY - The patrolman finally dropped off the tape after our continual requests since May and 3 continuances later. I watched him punch his steering wheel as he was leaving, and was obviously upset. As I spoke to my lawyer, he indicated that the patrolman was very much against providing the tape. So if there are lies on the police report that the tape will prove, will the charges be dropped?
What happens to a police report that was filed but has no sufficient evidence?
Once the officer who took the report has done all that they could the case is assigned to the investigative division,(detectives) to follow up on any possible leads. If there is nothing to follow up on, no more witnesses to interview, no new evidence to be found, the case is filed as inactive.The evidence that had been gathered and the report stays on file as there is always a possibility that something might match up later. Fingerprints of someone who had not been arrested before might turn up when they arrested for a different case. Someone might be arrested for committing a crime in a similar manner (Mo for Modus Operandi) and we may be able to connect the person with the inactive cases.If the case involved an arrest and the Prosecutor determines that there is not sufficient evidence to win the case in court, the case is dropped and the person, if they are still in custody, is released. The report and the arrest however are still on record.Under certain conditions a person who has been arrested may go through legal process of expungement. If the person is successful all records of the arrest are destroyed and legally, the arrest never happened. The person does not have to answer yes to the question “have you ever been arrested?”.
How would I go about filing a false report because I have been jailed on false charges?
Consult your defense attorney and take his or her advice on what reports to file.If you’re the subject of criminal prosecution, the most important thing to do is avoiding any action that might hurt your case.
If police refuse to take a report on a bullet in your arm which was the result of an attempted murder, can that department be considered corrupt?
It would be kind of an overreach to condemn an entire law enforcement agency for one officer’s failure to take a report.Every state I know of requires that gunshot wounds be reported to the police. If you seek treatment for such a wound, the hospital or physician is obligated to make a report. I have taken gunshot wound reports at hospitals even when the circumstances clearly indicated there was no crime involved (in one amusing case, the owner of a gun shop—someone who was quite vocal about his expertise with firearms—shot off the tip of his finger while cleaning his gun. He used a Glaser Safety Slug, which is the only time I ever saw this supposedly super-lethal ammo used against a person).If a police officer refused to take a report of a gunshot wound, attempted murder or otherwise, he would need a very good reason. One, as suggested by another respondent, is that the incident took place in another jurisdiction. More information is needed to provide a meaningful answer to your somewhat pejorative question.
How do I legally carry out a citizens arrest in Utah?
You can not force a vehicle off the road If you attempt a citizen's arrest, you stand the chance of being arrested yourself on felony charges of false detention and if you had to use force, you can be arrested for assault....... There are fine lines, read here...this isn't to say you couldn't make a legal arrest. http://www.constitution.org/grossack/arr...
Do police officers always make a report when they get a call?
That a police officer has to write a report about everything he does is something of a myth.The rule is “when in doubt, write a report.” If there was no crime or arrest, we could write an incident report that documented whatever we had seen. These usually went nowhere, but it covered your ass in case the nothing incident turned into a something.Most of the things I did generated no report. If I made a traffic stop and didn’t write a citation or make an arrest, there was no report. If a citizen reported suspicious circumstances and it turned out to be something innocuous, there was no report. If I moved a piece of debris out of the roadway, there was no report. In each case, I would end my radio report that I had completed the stop or call with “NA” (no action), “AC” (advised and complied), or some other disposition code indicating what I did.Now that most officers have mobile data terminals in their cars that display the circumstances of the call for service, many just type a line or two for the disposition, and they’re done.
A car hit me side on and sped off?
i was on my way home with my 2 year old daughter, i pulled out of one junction turning left onto the main road and then indicated to turn right as i pulled into the junction a car came from behind me and side sweeped me and pushed my car into the pavement setting off all driver side air bags and sped off, my car is a complete write off!! there were witnesses that seen the collision and have said he handbrake turned into the junction and was almost positively speeding!! the police was instantly called and and the car and driver was later reported the same night. i want to know what the driver will be arrested for and and possible sentencing terms. also could i put a claim in for criminal injuries compensation for me and my daughter? also ive heard that the driver is known to be a bit of a druggy so it is possible that he could've been high at the time, could i ring the police officer whos dealing with the accident and would this make any difference? pretty much any information would be very much appreciated thanks x
If someone was to report me to law enforcement for some reason, will I get arrested?
That would depend on a number of factors, including:the reason the other person reported you;to what law enforcement agency the report was made (the FBI doesn’t care about minor theft, for example);what exactly was reported; and, especially,what evidence was obtained as a result of the report and subsequent investigation which indicated that a crime had occurred and that you had perpetrated it.