As in any field, there is always room for mistakes, and police officers are NO exception. Whether an arresting officer is a good person who made an error in judgement, or the officer was one of the few bad apples who abused their position, when a police officer’s misconduct affects a DUI case, the results can be devastating for the accused.
There are good cops and there are bad cops, and there are those who fall somewhere in the middle. Whether an officer errs because they’re lying, cheating, trying to cover up their mistake, or save time or money, police misconduct in DUI cases is real, and it happens more than law enforcement would like to admit.
Demonstrating Police Misconduct
As DUI defense attorneys, it is our job to consider the possibility of police misconduct because anything is possible. If we can prove police misconduct or perjury, we may be able to get a suspect’s DUI charges dismissed, even if the person was actually driving under the influence on the day in question.
Police officers must follow proper procedures; if it can be determined that an officer’s police report is inaccurate, or that they lied under oath, or that they purposely fabricated DUI evidence, then such police misconduct may be in the defendant’s favor.
Using an Officer’s Mistakes
Police officers are human; they make mistakes like the rest of us. Whether their mistakes are intentional or not, their errors can be used against them and it can be an effective defense approach.
It’s possible to use an officer’s mistakes to get a DUI dismissed or at the least to persuade the prosecutor to reduce the defendant’s charges.
Examples of police misconduct, include:
- Fabricating DUI evidence
- No probable cause for traffic stop
- Falsifying police reports
- Committing perjury (lying under oath)
We’re only scratching the surface when it comes to police misconduct. Laboratory technicians can also make errors, which can lead to a wrongful DUI conviction. If you suspect that you were a victim of police misconduct, we urge you to speak with Attorney Landry, a Board Certified DUI defense specialist who is on your side.