A very professional Atlanta DUI attorney is an observant individual who pays maximum attention to every single detail of your DUI arrests and possible charges. He does this so to ensure that you have a clean case instituted against prosecution and to counter them in a bid to earn you as an easy and incontestable victory as possible. Atlanta DUI lawyers know that like every human, police officers are not infallible and their mistakes could be vital to counter any case instituted against you. That being said, we wish to expose you to a few details and a list of mistakes police officers could make from the point of your DUI arrest to that of charges, so you would help your Atlanta DUI lawyer significantly with these below mentioned important information during his investigation to build a defense for you.
Invalid Investigatory Stop
This is a very common mistake done by police officers for a DUI stop. The law states that they must have “reasonable suspicion” to stop your vehicle for an investigation. This means that there must be a clear reason rather than a random stop and search. Traffic violations are common examples in this case. Therefore, any DUI stop that does not amount to reasonable suspicion before a stop could be challenged. DUI lawyers in Atlanta usually hold out for this evidence a lot as it is very vital to throw out all DUI cases and pieces of evidence instituted against you by the prosecution team. He must, however, be clever enough to prove clearly that the stop is not a legal one.
Unidentified Officer’s Stop
One of the obligations of all the states and cities in the US including Atlanta is to ensure that citizens and their rights are well protected. One of the ways to ensure this is to make sure that not just any individual could disguise as an officer to make arrests on the roads. They must be uniformed and identifiable. That being said, if an officer who is out-of-uniform or uses unmarked vehicles makes any DUI stops or arrests, resultant offenders could easily institute a no case defense against them and he would win gallantly. Why you need an Atlanta DUI attorney here anyway is that there are issues about what constitutes a uniformed officer and marked vehicles.
Improper Administration of Field Tests
This is one of the core mistakes and faults, most DUI lawyers look forward to win DUI cases in your favor does. The National Highway Traffic Safety Administration (NHTSA) has maintained that DUI field tests must be standardized, administered and evaluated properly, especially to reach a precisely accurate conclusion regarding impairment and Blood Alcohol Concentration (BAC) level. A failure to follow these steps invalidates such a test and so may not be admissible in a DUI court.
Officers’ Hostile Attitude
The US prides its agencies in huge respect for citizens without violating anyone’s rights whatsoever. That being said, police officers on DUI arrests duties are expected to do so with a high level of civility to suspect, defendants and attorneys. Unprofessional attitudes are regarded as demeaning to the entire criminal system, and so if anything like name-calling or similar situations are observed and instituted against the prosecuting team in a DUI, you and your Atlanta DUI attorney might be on a smooth cruise of course to an easy victory.
Failure to Accrue Visual Evidence
Several instances and occurrences have revealed that police officer’s reports and pieces of evidence could be as biased and inaccurate. That being said, visual pieces of evidence like videos and photographs are considered professional ways of presenting their reports and pieces of evidence to back them up. Although there is no specific legal requirement for this process at the moment, the lack of visual pieces of evidence if brought to jury or judge’s notice in this century could still be a good way to earn a point against prosecution in your defense.
Insensitivity to Offenders and Defendant’s Rights
Let me remind you that a lot of citizens know they have some rights, but cannot really ascertain them. You need a DUI attorney in Atlanta to guide you the right way in this case. The fact is that many police officers perhaps see a criminal system as nothing but a game and so resent chances to exercise the constitutional right at the expense of their investigations. When this is the case, a smart Atlanta DUI lawyer is expected to note these down like pieces of evidence against police officers. Once they are found as insensitive in actions and words toward an offender, it may be a point to throw the case against the tide and win a point on your side.
Assumptions That A Case Cannot be Lost
Some lawyers have expressed their sour experience on how the jury or judge expresses a certain level of doubt that the arresting police officer could actually show crude and rude attitudes like pointing the gun towards a suspect and pulling an imaginary trigger on him. However, real pieces of evidence and witnesses’ presentations have won such cases in suspects’ favor. In many of these cases, police officers after losing the case usually still have the guts to think that the jury or judge are wrong to have accepted suspects plea of not being guilty. This is stemming their courage of believing a DUI case could be lost because of their uncivil attitudes.
Unfairness and Lack of Objectivity on the Path of Officers
We have seen cases where some officers cannot just be impartial and so they admit that suspects do not pass administered tests while it is the other way round. More often than not, video evidence, expose their inaccuracies and reports.
Documentation Failure
Winning or losing a case depends so much on the body of pieces of evidence presented. Therefore, failure to present field notes usually works against prosecuting officers. Once they make a claim and are not able to defend it substantially, such may be thrown out and rendered inadmissible. Now, their misdeeds have worked in favor of your defense.
Improper Chemical Test Administration
Chemical tests are considered one of the significant ways police officers could gather pieces of evidence against a DUI suspect. Because of this, administering officers are usually trained and certified by the Department of Toxicology. This means that there are approved methods to be followed, and so if any deviation is observed, such results may either be suppressed or rendered inadmissible in the court once your Atlanta DUI attorney raises the point.