Reader’s Question:

The arresting officer on my sister’s DUI case in Decatur, Alabama has a bad reputation and we believe that my sister was not treated fairly. Is there a way that she could use that as a defense?

Abraham

Decatur, AL

Pitchess motion in a DUI case would allow your sister to gain access to the arresting officer’s personnel file to determine if the officer has received any prior complaints about his conduct. Police officers actually have to follow very strict guidelines when obtaining evidence. If the officer has a history of misconduct, the officer’s personnel file can be used to show that it is likely that your sister was not properly treated. If that is the case, the evidence against her on her DUI arrest in Decatur, Alabama should be suppressed. Complaints that she can look for in an officer’s personnel file include excessive force, planting evidence, racial bias, false arrest, criminal conduct discrimination or harassment.

But remember that there should be a reason to file the motion. Something should have happened that led your sister and her DUI lawyer to believe that the officer’s past conduct should be called into question. The motion should provide a specific fact so the judge could decide if there is sufficient reason to look into the officer’s past.

Tags: drunk driving laws, DUI, DUI advice, DUI arrest, DUI lawyer