Signs that the police may have mishandled your DUI case include errors in the way your arrest was handled or documented. Common examples are if the officer did not have a valid reason to stop you, failed to explain your rights, or did not properly administer field sobriety or breath tests.
Mistakes with testing equipment (such as using an uncalibrated breathalyzer or failing to follow required procedures when collecting blood samples) can also weaken the case against you. Inconsistent police reports or missing video evidence are other red flags.
These issues may open the door for your Los Angeles DUI lawyer to challenge the charges.
No Valid Reason for the Traffic Stop
In California, police must have reasonable suspicion to pull you over. This means they need specific facts (such as speeding, running a red light, or swerving) that suggest you may have broken a traffic law or are impaired. A stop based only on a hunch or general suspicion is not valid.
For example, being pulled over because of your age, appearance, or the type of car you drive is considered profiling and does not meet the legal standard. If the officer cannot point to a clear reason for stopping you, any evidence gathered during the stop, such as a breath test result, may be challenged in court.
Lack of Probable Cause for Arrest
Before making a DUI arrest in California, police must have probable cause, meaning clear evidence that you are under the influence. This often includes observations like slurred speech, the smell of alcohol, poor performance on field sobriety tests, or failing a preliminary breath test.
An arrest based only on an officer’s hunch or vague suspicion does not meet this standard. If the evidence of impairment is weak, incomplete, or inconsistent, the arrest may not hold up in court. Without probable cause, your lawyer can argue that the charges should be reduced or dismissed.
Failure to Advise of Miranda Rights
Police must give a Miranda warning before questioning you in custody. This warning explains your right to remain silent and your right to have an attorney. If officers arrest you but start asking questions without reading you your rights, any statements you make may not be allowed in court.
For example, if you admit to drinking but were never properly advised of your rights, your lawyer can challenge whether that statement should be used against you. While the arrest itself may still stand, the lack of a Miranda warning can weaken the prosecution’s case.
Errors in Field Sobriety Tests (FSTs)
Police often use standardized field sobriety tests (FSTs) like the walk-and-turn, one-leg stand, and horizontal gaze nystagmus (HGN) to look for signs of impairment. These tests are supposed to be given under specific conditions and with clear instructions.
Problems arise when officers conduct them on uneven pavement, in poor lighting, or without explaining the steps correctly. Medical issues, injuries, age, or even nervousness can also affect performance, making sober drivers appear impaired. If the tests are not given properly, their results may be unreliable and open to challenge in court.
Breathalyzer and Chemical Testing Problems
In California, Title 17 regulations set strict rules for how breath and blood tests must be done in DUI cases. These rules cover everything from how often breathalyzers must be calibrated to how blood samples should be collected, labeled, and stored.
If the equipment is not properly maintained, or if the officer using it lacks up-to-date certification, the results may be unreliable.
Other problems include taking a blood sample without following sterile procedures or failing to store it at the right temperature. Mistakes like these can lead to false readings, and your lawyer may be able to challenge the accuracy of the test results in court.
Inaccurate or Incomplete Police Reports
Police reports are an important part of a DUI case, but they are not always perfect. Sometimes the report may contain discrepancies that don’t match other evidence, such as dashcam footage or witness statements. In other cases, officers may leave out important details, like the exact reason for the traffic stop or the conditions under which a field sobriety test was given.
Missing or conflicting information can raise questions about the accuracy and credibility of the officer’s account. Your lawyer can use these weaknesses to challenge the prosecution’s version of events.
Missing Dashcam or Bodycam Evidence
Many police agencies in California now use dashcams and body-worn cameras to record traffic stops and arrests. This footage can provide an objective record of what happened, including how field sobriety tests were given or whether your rights were respected.
If a crucial video is missing, erased, or withheld, it may raise concerns about how the case is being handled. Sometimes the absence of footage is due to technical problems, but it can also suggest that important evidence was not preserved. When this happens, your lawyer may argue that the missing video creates doubt about the officer’s version of events.
A DUI Lawyer in Los Angeles Can Protect Your Rights
After a DUI arrest in Los Angeles, finding an experienced lawyer quickly is crucial. Los Angeles DUI Lawyer can connect you with a qualified attorney who understands California DUI laws and knows how to protect your rights.
A skilled lawyer can review the details of your case, identify possible errors made during your arrest, and work to reduce or even dismiss the charges.
Don’t face this stressful situation alone; contact us today to learn how an LA DUI attorney can protect your future.
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