Reader’s Question:

I often wonder how police officers commit mistake in a drunk driving arrest. Could you give me an example how a police officer’s mistake can work in my favor if I will be arrested for DUI here in Birmingham, Alabama?

Brock

Birmingham, AL

Many of us expect law enforcement officers to know and follow the law at all times. But just as we commit mistakes from time to time, so do police officers and luckily, their mistakes could often work in your favor if you will be arrested for DUI in Birmingham, Alabama. When a police officer who would handle your DUI case messes up some very important aspects of it, the ‘bad’ evidence obtained against you may be suppressed and can be thrown out of court.

This would be generally important because the prosecution is entirely dependent on the evidence that has been obtained in seeking a DUI conviction. One of the most common instances of police misconduct that could occur during a DUI arrest is that the police officer had no probable cause to arrest the motorist. The police officer would need a legal cause to arrest a driver and that is the evidence that he/she is driving under the influence. This would be a higher standard than ‘reasonable suspicion’ which is required to stop a vehicle. Police officers should explain facts that are sufficient to meet these various standards.

Tags: DUI, DUI arrest, DUI lawyer