Los Angeles DUI and Law Enforcement Errors
Police Procedure in a Drunk Driving Investigation
Law enforcement officers receive extensive training before they hit the streets to enforce the law. Investigation of driving under the influence (DUI) is a vital aspect that the officers have to master. The training involves multiple aspects, such as identifying intoxicated drivers, detecting violations of driving laws and regulations, and conducting an investigation professionally. The officers also get to learn about search and seizure laws, the lawful means of stopping a vehicle, and the detention of a person for an inquiry.
Regardless of how well trained a police officer is, mistakes can still occur during a DUI investigation. S/he may forget vital training or choose to ignore it. Such errors can result in the invalidation of your DUI charges, and a Los Angeles DUI attorney can capitalize on them to defend you effectively. California Penal Code Section 1538.5 PC empowers your DUI attorney to bring attention to the court on the mistake.
Errors during DUI Investigation
Police Errors | Consequences |
Stopping your vehicle without probable cause | Los Angeles DUI attorney can file a motion to ask the court to throw out evidence against you in the case. |
Conducting field sobriety tests improperly | The results of the test become unreliable. |
Conducting non-standardized field sobriety tests | Your DUI attorney can question the officer about their actions to hold them accountable. |
Administering a chemical test improperly | The result of the test becomes unreliable. |
Probable Cause
Probable cause is an essential requirement when the police pull you over to investigate DUI. It means the police officer must have a reasonable suspicion that you violated a rule or a law. If not, the court can throw out evidence against you in the case. A Los Angeles DUI attorney can question the validity of the probable cause based on your circumstances.
Field Sobriety Tests
Field sobriety tests are the primary means of determining if the driver is under the influence of alcohol. When an officer conducts a field sobriety test, they must follow specific instructions since their failure to abide by the regulations could indicate that the results of the test are unreliable. It is also a widespread practice by some officers to conduct tests that are not standard. A Los Angeles DUI attorney scrutinizes field sobriety tests, especially if the one you underwent was not standardized.
Chemical Test
Operating a testing machine when administering a Breathalyzer test is an intricate process. Whether the machine provides the most accurate results depends on whether the officer observes the test procedures professionally. The defendant has the right to have someone observe the test, and the officer should read the defendant’s chemical test rights before carrying out the test.
It is crucial to work with an experienced Los Angeles DUI attorney to evaluate your case for law enforcement officers’ errors. The errors by the law enforcers can give you a chance to clear your charges. Therefore, it is essential to hold the police accountable for their performance, and anything less could result in a not guilty verdict. Waste no time; reach out to a DUI attorney today!
CALIFORNIA CRIMINAL DEFENSE ATTORNEYS