Legal Question in DUI Law in Nebraska

Inconsistency in chargers

I was wandering,I was pulled over for DUI 2nd offense, and Carless driving, as my ticket states. When in court to ask for a continuance they stated my charges and said DUI 2nd and 3rd willfull wreckless driving. I looked through all the papers and it states carless driving on every paper even ones that the police officer and I signed, so is there anything I can do about them changing the charges? or what is your suggestion?

Asked on 1/15/04, 2:37 pm

1 Answer from Attorneys

William Jones William P. Jones, Attorney-at-Law

Re: Inconsistency in chargers

The citation issued by the officer is a report to the county attorney, a notification to you of the accusations and charges suggested by the officer and of the court date for arraignment. The actual charges in court are filed by the county attorney, or sometimes a city prosecutor. They read the citation and decide whether to charge what the police officer or deputy sheriff has indicated, or they may decline to file any charges or change the charges.

In your case, the prosecutor has decided that the willfull reckless driving charge is more appropriate. You may use the police officers assessment that it was careless driving instead of willfull reckless driving in your defense, but cannot force the charges to match that on the ticket. You should contact an attorney to give you specific legal advice on your case, as more factors than we can cover in a general discussion on a BBS system may be important in your case, and a jail sentence is quite likely situations like the one you describe.

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Answered on 1/15/04, 3:02 pm

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