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Proven Representation

Police mistakes that can cancel your DUI charges

On Behalf of | May 10, 2022 | Criminal Defense, DUI / OVI

Getting arrested for DUI in the state of Ohio doesn’t have to ruin your life. If you feel that you have a valid case to make, you can do so. The police officers who conducted your field sobriety test are only human. They can and do make mistakes. If you can prove an error occurred, you might get your charges dropped.

A police officer must prove reasonable suspicion

A police officer has the right to pull over and field test anyone that they believe is acting suspiciously. If you should fail a field test, you can be charged with a DUI.

However, to make the charge stick, they need to be able to prove that their reason for suspicion was legitimate. This can include weaving between lanes, driving in the wrong lane, or other types of traffic violations. If you can successfully dispute the reasonableness of the stop, you can win your case.

Errors can be made at DUI checkpoints

The police officer who pulled you over at a DUI checkpoint may have committed serious errors while dealing with you. Police officers are held to very high standards of conduct at these checkpoints. They are not allowed to harass, bully, or threaten you in any way.

A police officer can observe you, ask you questions, and ask you to step out of your car. If they have any suspicion that you are intoxicated, they can ask you to take a field sobriety test. If you can prove that their conduct was rude or intimidating, you may be able to get your charges dismissed.

Breath test equipment can be faulty

One last thing to keep in mind is that the breathalyzer unit that is used to test your blood alcohol level may be faulty. The equipment used may be out of date or out of sync.

The police officer who gave you the test may not have been properly trained to do so. As a result, you may have gotten a false reading. If you can prove this in court, your case may be dismissed.

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