law enforcement mistakes

4 Law Enforcement Mistakes That Could Help Your DUI Case

If you are pulled over by a law enforcement officer and charged with a DUI, it’s critical that you understand your rights. In some cases, law enforcement mistakes result in innocent people being charged with a DUI and paying the price. What are some of the most common errors that are made during DUI investigations and arrests that might help your case?

No Reasonable Grounds You are Violating the Law

In order to pull your vehicle over, the police officer must have reasonable grounds you are violating a law. For example, if you are driving home from work at 2:30 AM, it is not suspicious to be driving. However, if you did not have your headlights turned on and were driving at 2:30 AM, that could be a cause for suspicion.

Not Wearing a Uniform in an Unmarked Vehicle

Another one of the most common law enforcement mistakes is an off-duty police officer not in uniform and driving an unmarked vehicle making the stop. Police officers driving unmarked cars in Maryland must use both lights and sirens to alert the driver. If the officer didn’t do so, you may have been wrongly stopped.

Not Administering Your Field Sobriety Test Properly

There are multiple types of field sobriety tests that can be administered to determine whether or not someone is driving under the influence. One of the common law enforcement mistakes during a DUI arrest is not administering them properly. If you suspect that your test was not done in accordance with standard operating procedure, your attorney can help you determine whether or not a failure to properly administer your test could help your case. This is particularly common with breathalyzer analysis.

Failure to Record What Occurred

In today’s day and age, every police officer has access to a dash cam and almost every police officer is also wearing a body cam. If there is no video tape or footage available from your arrest, it might be a serious one of the potential law-enforcement mistakes. There is no legal requirement to have a video of what occurred, but without that evidence, there is plenty of room for doubt. Additionally, you might be surprised to know that all police officers do not properly complete their field notes. We know how to read and analyze field notes to determine whether or not a police officer is telling the truth, exaggerating what occurred, or improperly cataloging their activities. A typed report that was written one week after the arrest is no substitute for field notations.

Contact Mobley & Brown, LLP for Help Understanding Your DUI Case

If you have been arrested or charged with DUI, contact Mobley and Brown, LLP today. We are committed to using our experience along with facts from your specific case in order to achieve the result you deserve. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.