When it comes to a DWI arrest, there are some common police errors that can help the defense pick apart and weaken the prosecution’s case. These mistakes can ultimately lead to a reduction in charges or even a dismissal of the case.
No reasonable cause
In order to make a legal traffic stop, an officer must have reasonable suspicion to do so. They cannot stop a driver simply because they have a hunch, and neither can they do it just to check that the person’s license and registration is current. Reasonable cause is required for every stop, regardless of the end goal. For a DWI, probable cause may include erratic driving, swerving, violation of traffic laws, or the driver is responsible for causing an accident.
Confusion with medical and physical issues …show more content…
There are many conditions that can mirror the effects of alcohol intoxication, and if it is determined that such a situation is the root cause of the charge, the entire case falls apart. Similarly, defendants with certain physical problems may not be able to pass sobriety exercises even when they are completely sober. In such cases, the officer must disqualify that person from having to perform such tests. If this is not done, it could be grounds for a motion of