Police investigations are complex and must follow certain regulations. The rules and regulations imposed on police officers can be complex, but your attorney can determine if they were followed appropriately. DUI investigations are no exception to these rules, the police must gather evidence and build a case to prove their allegations. When a law enforcement officer makes an oversight or cuts a corner to save time, this can be grounds to challenge their findings or move to dismiss a case. There are a variety of mistakes often made in DUI investigations, but some of the most common are listed here.
Potential Mistakes In DUI Investigation:
- No Reasonable Suspicion For A Traffic Stop – This can potentially be one of the most blatant violations of police protocol. Although an officer does not need to have a suspicion that you are driving under the influence, they do need reasonable suspicion of a crime in order to make a traffic stop. If the officer cannot provide sufficient cause for stopping you, the case may be thrown out before it ever gets going. A qualified Los Angeles DUI defense attorney will be able to explain whether or not this is applicable to your case.
- Misconduct At Sobriety Checkpoints – Police checkpoints are a common source of DUI arrests, but it is important to remember that California has guidelines for checkpoints. If an officer violates any part of this code of conduct, it could help to build your defense.
- Misconduct In Field Sobriety Tests – A variety of field sobriety tests are utilized by the police in California. Several factors beyond drug or alcohol impairment can affect the outcome of these tests. Issues such as preexisting injury, vertigo, a lack of coordination or any number of other factors must be taken into consideration. If an officer chooses to ignore these extenuating circumstances, then their field sobriety test may not be valid. There is a lot of nuance in this area, but a Los Angeles DUI defense attorney can help you navigate the legalities.
- Lacking Probable Cause For Arrest – A higher level of criminality is required for the police to place you under arrest. There are a variety of factors that can be considered probable cause for arrest, but if none of these are present then it can severely damage the case of the prosecution.
- Improper Administration Of Breath Test – The breath test is used by the police. One of the caveats of this test is that the officer must observe you for 15 minutes prior to administering the test. If they fail to do this, you could, burp, bring up gas, or do something else that could skew the results. Your attorney may be able to find fault and that the officer violated protocol during the process.
A large number of technical aspects apply to DUI stops and it is not uncommon for an officer to make a mistake. California law is strict on impaired driving, but employing the services of an attorney can even the scales. Obtaining proper representation is always appropriate when facing DUI charges.
Contact Los Angeles DUI Defense Attorney Jon Artz
Call Jon today to schedule your private consultation. (310) 820-1315.