Traffic officers in Illinois are highly experienced in identifying anyone driving the influence while intoxicated. Not all with a trace of alcohol in their blood would effectively deemed guilty of a DUI offense, but the police force is fully familiar with the guidelines set by the law to arrest legitimate violators.
They’re not perfect, however. Intentional or not, they make mistakes along the way that could help weaken the charge against you — or even get your case dismissed. Be it an honest oversight or an unintended shortcoming, a single fault on the part of your arresting officer could provide a solid foundation for your defense.
Here are three of the many ways you could use the errors of the police to your favor:
Forgetting to Mirandarize You
Noll-law.com noted that DUI lawyers in Springfield, Illinois have to be sure that you’ve been told (or reminded) of your rights before you go under interrogation. Without the Miranda Warning being given, you might involuntarily help incriminate yourself by giving statements against your best interests. Remember that an arrest could happen without the police reading your rights. It only comes into play when the officer decides to interrogate you.
If the police takes you in custody without telling you your rights to remain silent and get an attorney, then any evidence gathered in your case may be ruled inadmissible by the court.
Failing to Conduct Field Sobriety Tests Properly
The Prairie State’s Standardized field sobriety tests are a product of extensive research. These alone, however, couldn’t prove you guilty of a DUI violation. The officer conducting the tests are never 100% reliable because the assessment process is not absolutely objective.
Police misconduct isn’t old news these days. As a matter of fact, it’s such an epidemic throughout Illinois and other parts of the U.S. This is not even about racial profiling anymore; traffic officers are notorious in exerting excessive force toward the accused, regardless of the age or gender.
If you fall victim to any form of abuse in the hands of the police, that may not just be used to dismiss your case, but even incriminate corrupt traffic officers.
Although it’s generally just a misdemeanor in Illinois, a DUI charge is never a pleasant experience. Guilty or not, you should always watch your back against unlawful law enforcers.