Police Mistakes that Can Lead to DUI Acquittal

Police Mistakes that Can Lead to DUI Acquittal

Do you know that you can get acquitted for a DUI charge if the police made a mistake at any point leading to your arrest? This is why DUI lawyers will ask you to write down every single detail you can think of because even a small mistake can help minimize the consequences of a DUI charge for you (or even get you fully acquitted). Below are the common mistakes that the police can make regarding a DUI charge.

Pulling You Over for The Wrong Reasons or No Reason

Reasonable suspicion is needed for a police officer to pull you over for drunk driving. Examples of this are seeing you drive erratically, maybe beating a red light, swerving a lot, and more. If there is no reason for pulling you over then details related to drinking and driving may be inadmissible.

Not Telling You What is Going On or Not Communicating Properly

Do you know that you can’t be charged with a DUI if you agreed to a breathalyzer test or performed a sobriety test without fully understanding what is going on? This means that if the police officer failed to tell you the reason for such tests or if the police officer spoke a language you did not fully understand, then you can get acquitted.

Wrong Administration of Field Sobriety Test

Any mistake in protocol or professionalism while administering the test renders the outcome inadmissible and can mean your acquittal.

Improper Protocol for Breath Test

A small mistake while performing the breathalyzer test can cause incorrect results. Proper calibration, having a faulty unit, and other small details can all come into play.

Not Taking Note of Time

Wasting too much time before doing a roadside test or going through tests in a very hurried manner can all alter the merits of the results and render them inadmissible.

As you can see, a DUI charge and a drinking and driving arrest do not automatically mean that you’ll have to turn your life upside down. With a professional Toronto DUI lawyer like Calvin Barry, it is possible to build a strong DUI defence for your acquittal. Contact Toronto DUI lawyer Calvin Barry as soon as possible if you need a drinking and driving lawyer in Toronto.

Stephen Bate

Retired Police Officer at Halton Regional Police Service

4 年

No. No entirely accurate!

Stephen S.

B. Comm. / International AML Consultant and Investigations Trainer / Licensed Private Investigator / Researcher / Personal Security / RCMP (ret.)

4 年

He is just looking for publicity by posting here. Let's not give him more.

Leon Presner, BA, PI, P1 (LL.B Candidate)

Paralegal | Private Investigator | Part-Time College Professor | Federally Accredited RCMP CCRTIS Fingerprinting/Background Officer | Retired Police Officer | Owner at Defend-it Legal Services Professional Corporation

4 年

True!!! The police always should be procedurally correct!

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