Mistakes in police procedure may aid in your defense

Mistakes in police procedure may aid in your defense

On Behalf of | Oct 2, 2021 | Criminal Appeals, Criminal Defense |

If a roadside stop ends with your arrest, it does not mean you are bound for prison. You have the right to mount a defense, which may include questioning police procedures.

The police must follow the law when investigating any crime, including a DWI stop. However, the police can commit errors that may aid in your defense and lead to a reduction of charges or dismissal. Discover some common missteps law enforcement may make during an investigation.

The stop was not legal

The police do not have the authority to make random traffic stops. The law requires that they have a reason for pulling you over. They must witness you commit a crime, such as running a stop sign, or have a reasonable suspicion that you did. The threshold for what constitutes reasonable suspicion is relatively high, and judges do not always agree with the officer’s motives. If a judge throws the reasonable suspicion out, the stop was not legal, and neither was your arrest.

The roadside tests were faulty

When the police perform roadside testing, they have to administer tests in a narrow window and manner. A breath test is one of the most common tools of a DWI stop, but the police may make mistakes when administering it. The machine may fail, or you may assert your right to refuse. Certain medications and even diets such as Keto may affect a breath test unfavorably. If the police do not ask about these conditions, then your test may give faulty results. The same goes for roadside sobriety tests. The results of these physical challenges may not hold up if the officer does not instruct you properly or account for physical conditions.

Challenging faulty police procedures may give you a favorable result when facing charges in court.