Being arrested for driving under the influence (DUI) does not mean you're guilty; instead, it could be that the police officer suspected that you were not sober when behind the wheel. And in this case, they may want to first confirm that before allowing you to continue driving. Unfortunately, the officers might make several mistakes during the process, accusing you of a crime you never committed. An experienced DUI attorney can file a lawsuit to prevent the police from pressing charges against you for a crime you never committed. Here are some police mistakes your legal advisor can help you challenge after your arrest.
Stopping You Without a Reasonable Suspicion or Probable Cause
Police must have reasonable suspicion when pulling you over. For example, they can stop you if you're speeding or switching lanes without using your turn signals. However, if they stop you without a valid reason or suspicion, your lawyer can challenge your arrest. They will request the police to provide evidence proving that they had information that you had taken alcohol or drugs before you started driving. If they don't have a valid reason why they stopped you, the court might nullify the evidence, thereby dismissing your case.
Illegally Searching and Seizing Items in Your Vehicle
Law enforcers have a right to conduct investigations and gather evidence when they suspect that you were driving while intoxicated. However, they should only do what is permitted in the law for them to be able to prosecute your case. If they do anything illegal, your legal advisor can argue out the issues in court to have your case dropped. For example, the police officer should not search or seize items from your vehicle without a search warrant. If they do, your attorney can get orders barring the officers from tabling the items they found in your vehicle as evidence.
Failing to Follow the Proper Steps When Conducting Tests
You may have to undergo several tests to determine your driving capability after your arrest. However, the police officer must follow the approved standards when conducting them. Your lawyer can challenge the test results if they feel that the police illegally took your blood samples or conducted other tests without following the law. A successful contention will prevent the police from using the sobriety test results in court.
A police mistake during a DUI arrest can make you pay for a crime you never committed. Therefore, you may want to consult a professional DUI lawyer when the prosecution prefers charges against you. They will start by evaluating the evidence the police intend to use against you. Then, they will determine which arguments to raise in order to challenge your arrest, thereby getting your case dismissed.
For more information, contact a DUI attorney in your area.
Share19 April 2022
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