Mistakes Police Make That Can Help Your DUI Case
Being arrested and charged with a DUI can be a scary thing. The consequences of a DUI conviction can be quite severe. If arrested and charged with DUI, it is best that you retain the services of a skilled DUI attorney. A qualified DUI attorney can help you exploit all the defense options at your disposal. For example, an experienced attorney can help you determine if the police made a mistake that could help you with your DUI case. A skilled attorney can help you increase your chances of seeing a successful outcome. Depending on your case’s specifics, an experienced DUI attorney can even help you get your DUI charge dismissed.
The following are some mistakes police make that can help you with your DUI case.
Mistake #1: Stopping You Without Reasonable Suspicion
For an officer to stop you, they need reasonable suspicion. For example, reasonable suspicion can arise if a police officer sees you swerving in and out of your lane. An officer cannot stop you based on a “hunch.” If the officer who pulled you over did not have reasonable suspicion, the evidence they have against you could be considered invalid, and your DUI case could be dismissed.
Mistake #2: Arresting You Without Probable Cause
Police officers at times lack probable cause when arresting drivers for DUI. This is a violation of the law. Police officers are prohibited from arresting motorists for DUI without having probable cause to arrest them. For example, probable cause can arise from the results of a field sobriety test or a breath test. If an officer arrested you for DUI without probable cause, and your argument that the arrest was illegal is successful, the evidence collected after your arrest may be thrown out of court.
Mistake #3: Improper Administration of Field Sobriety Tests
An arresting officer must properly administer a field sobriety test. If the officer that arrested you conducted the field sobriety test improperly, you could challenge the test results. The test results and the officer’s opinion may be invalidated if you are successful.
Mistake #4: Improper Administration of Chemical Test
Police officers are also required to administer a chemical test properly. If an arresting officer administers a breathalyzer test incorrectly because of, for example, the lack of enough training, inaccurate results may be obtained. Also, a breathalyzer must be well maintained and properly calibrated. If the officer conducting the breathalyzer test conducted it incorrectly because they, for example, lacked enough training or if the breathalyzer equipment was not properly calibrated or well maintained, you could challenge the test results. If successful, the test results may be invalidated.
Mistake #5: DUI Checkpoint Mistakes
Police officers are required to follow specific rules at DUI checkpoints. For example, police officers are not allowed to be hostile or threaten drivers. If there was any misconduct on the officer’s part during the checkpoint, the misconduct could be a possible reason for your charge to get dismissed.
Contact an NYC DUI/DWUI/DWAI Attorney
If you are facing DUI charges and need help from a qualified attorney, do not hesitate to contact the NYC DUI/DWUI/DWAI attorney at Mark I. Cohen, Esq. at 212-732-0002.
Source:
law.cornell.edu/wex/reasonable_suspicion
