POLICE MISTAKES THAT MAY HELP YOUR DEFENSE

When you are arrested on suspicion of DWI or DUI, your heart may race with panic. It is imperative that you contact an experienced DWI/DUI attorney immediately to review and defend your case. In many instances, police officers have made mistakes during the arrest or during the blood, breath or urine tests that may actually work in your benefit. Some of these mistakes can include:

1. A police officer has stopped you based on an anonymous phone tip where he/she has no name and address of the caller.

2. A police officer followed you into your residence without an invitation to do so, or without information to justify such entry. Remember your home is protected from unjust intrusion under the Fourth Amendment.

3. A police officer based his/her arrest on your statements alone. An officer must have independent evidence to corroborate any statements made. These instances usually arise when you were not seen in actual physical control of your car.

4.  A police officer detains you longer than is reasonable to investigate. The police may not hold you for unlimited periods of time.

5. A police officer stops you simply because he thinks you are suspicious. A vehicle stop must be made with a clear reasonable suspicion; the officer's guess that you are doing something wrong is not enough.

6. A police officer stops you simply because you were driving too slow or stopped in the middle of the street. Unless you are violating a specific traffic ordinance (i.e. impeding traffic), an officer can not stop you.

7. A police officer stops you because you are weaving within a lane.  Under Texas law, you are only required to drive as much as is practicable within a single lane. Cases exist that have held that one weave into the shoulder is not reason enough for a stop.

8. A police officer can not stop a vehicle based on a misperceived violation of a law; an officer must be certain about his interpretation of law.

9. A police officer may not stop you due to improper signs. Lane markings and street signs must comply with Texas law.

10. A police officer must follow all rules of the Department of Public Safety, Breath Testing Manual. Any failure to do so may invalidate alcohol testing.

11. A police officer must follow all guidelines to validate stopping you at a roadblock.

12. A police officer may not stop you simply to check your driver's license and registration; there must be an actual traffic violation or articulable suspicion of a crime.

13. A police officer may only stop a vehicle when he/she can clearly identify the vehicle as the one that actually committed a traffic infraction.

14. A police officer can never stop a vehicle for no reason--most officers who do so do not show up for the court date.

15. A police officer may not block a vehicle's exit without justification. A driver's freedom may not be restricted without reason.

Remember that all hope is not lost once you have been arrested--a police officer's mistake can be your best defense.