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5 Common Mistakes Police Officers Make

Blog 2018 September 5 Common Mistakes Police Officers Make
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5 Common Mistakes Police Officers Make

Posted By Law Offices of Robert Stepniak || 21-Sep-2018

In our last post, we discussed the five common mistakes people make after a DUI arrest. However, it is not uncommon for law enforcement to commit errors during the investigation. If an officer fails to follow strict protocol, it is possible for the defendant--with the help of a criminal defense attorney--to file a motion to suppress evidence in court, which can eventually lead to the dismissal of the entire case.

Here are the five most common mistakes the police make during a DUI investigation:

  1. The officer did not have probable cause - In order to make a valid traffic stop, law enforcement needs to have reasonable suspicion, rather than just a hunch. Proper investigatory stops include traffic violations or equipment malfunctions. If a defendant successfully challenges a traffic stop, the evidence gathered prior to arrest can be inadmissible.
  2. The officer did not properly administer the field sobriety tests - If law enforcement suspects that a driver has been drinking, they typically request the motorist to take one or more field sobriety tests (i.e. one-leg stand, walk and turn, and horizontal gaze nystagmus). These tests must be administered according to the standards established by the NHTSA. If an officer fails to properly administer the test, the results are invalid.
  3. The officer did not properly administer the breath test - Officers must obtain certification and training in order to administer breath tests. They need to ensure the test is properly calibrated, they observe the suspect for at least 15 minutes before administering the test, and all of procedures are followed. If an officer breaks protocol, the results will be suppressed.
  4. The officer did not follow the rules at a DUI checkpoint - Sobriety checkpoints enable police to block passage through a road and assess random cars to arrest drivers who have been drunk driving. However, officers may not stop cars at random, detain motorists for too longer, or fail to post about the checkpoint in advance. If the police are not following the procedures, defendants can challenge their arrests.
  5. The officer did not report the arrest correctly - It is possible that police filled out their reports inaccurately because they failed to take any notes during the traffic stop. If law enforcement filled out an inaccurate police report, defendants can challenge the legitimacy of the report.

If you have been arrested for a DUI in Daytona Beach, contact the Law Offices of Robert Stepniak today.

Categories: Criminal Defense

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