Police officers must abide by the law when making traffic stops and DWI arrests. However, many make mistakes that often result in the dismissal of the case or certain evidence. Here are some of the most frequent police officer mistakes that could cost them your case.
Unlawful Stop
In order to pull you over, an officer must have probable cause. Examples of probably cause include weaving outside of your lane, breaking a traffic law, a broken taillight, or expired tags. If a police officer has no probable cause to pull you over, yet arrested you for driving while intoxicated, the original stop may be challenged and the case dismissed.
Failure to Follow DWI Checkpoint Laws
Officers must follow certain guidelines when setting up and conducting a DWI checkpoint. For example, they must notify the public of the stop and stop cars randomly according to a predetermined formula. They also must identify the stop as a DWI checkpoint so drivers understand what the stop is for and that it is being conducted by law enforcement.
Improper Administration of a Breathalyzer Test
Breathalyzer tests must be done in accordance with the law. The law governs how long a driver must be observed before giving them a breath test and how to conduct the breath test to get the most accurate results. Breathalyzer tests have to be calibrated according to the manufacturer’s recommendations. Failure to do any of the above could result in a dismissal of breathalyzer evidence.
Improper Administration of Field Sobriety Testing
Like breathalyzer tests, there are guidelines police officers must follow when having drivers perform field sobriety tests. Field sobriety test results may be omitted from court if the police officer did not take weather conditions, footwear, etc. into account or did not provide the driver with proper instructions on how to complete the test satisfactorily.
When to Contact an Attorney
If you are arrested for a DWI, contact an attorney. An experienced DWI lawyer can help you determine if the police made any mistakes during your DWI stop and arrest that may be able to be used to defend you.
Contact Attorney Mark Cossuto today to learn more about DWI defense strategies and how to zealously protect your rights after an arrest. Call now at (718) 852-8047 or toll free at (800) 609-4545.
