Being stopped by the police and getting arrested for a DUI is a nightmare. Police officers are, however, human beings and can make mistakes. You can potentially utilize their mistakes to your advantage by questioning the legitimacy of the arrest. These errors may occur before, during, or after the arrest. You can make these errors the grounds for your defense.
An experienced criminal defense attorney in New Jersey can potentially dismiss your whole case because of law enforcement misconduct. You can visit this website link https://www.mvplawoffice.com/ to talk to someone on their team. Meanwhile, here are some possible errors made by police officers during a DUI arrest.
Common mistakes police make during a DUI arrest –
- Improper traffic stops.
This is the most common error. Most importantly, cops cannot ask you to stop based on their intuition. In Texas, police must have reasonable suspicion before they can stop you. An officer must possess precise and articulable facts of a crime in order to have reasonable suspicion. A reasonable suspicion may include weaving, failing to signal, near collisions, driving on something other than the roadway, etc.
- Improper administration of breathalyzer test.
The blood alcohol content of a person is determined using a Breathalyzer test. Although the results are important proof in DUI trials, they may include a number of mistakes. An estimate of a person’s blood alcohol content is obtained by measuring the amount of alcohol in their breath using a breathalyzer test.
To obtain an accurate reading, a police officer has to calibrate and operate the instrument correctly. Inaccurate calibration, careless handling, or police abuse can all lead to errors.
- Failing to provide a driver Miranda rights.
Police officers are required to read a driver’s Miranda rights before making an arrest following a traffic stop. Miranda rights inform the accused of their right to remain silent. Failure to correctly read a defendant’s Miranda rights is a law enforcement error that could make incriminating remarks by the accused inadmissible at trial.
- Improper arrest.
A reasonable suspicion of DWI allows an officer to pull over your vehicle. However, probable cause is needed for an arrest. Probable causes may include slurred speech, the smell of alcohol, breathalyzer results, etc.
It is improper to make an arrest without probable cause. The judge will, therefore, dismiss the charges against you.
- Improper field sobriety testing.
Some DUI charges are based on the results of standardized field sobriety tests (SFSTs). These tests are often inaccurate. The tests’ results may be declared unreliable if a police officer administers the SFST incorrectly.
Hire an experienced criminal defense attorney in New Jersey today!
If you believe your rights were violated during the arrest, an attorney can give you the justice you deserve!
