The uneven balance of power between you and the police can make it feel like it’s pointless to challenge the evidence they have against you. The court will just take their word for it, right?
There is, however, a good reason to challenge the evidence against you. Police officers make mistakes and the machinery they use is not foolproof. This can give you just cause to fight the case they’re presenting. Below are a couple of examples of how things can go wrong and what you can challenge.
The police evidence may not accurately reflect what happened
DUI arrests are often made or broken on the evidence the police officers retrieve at the scene. If this turns out to be incorrect, it can make it hard for them to prove their case to the required burden of proof.
Some kinds of evidence that deserve a second look include:
- The arrest itself: There needs to be a good justification, or reasonable suspicion, for pulling you over in the first place
- What’s written in the police report: There may be inconsistencies in the police report(s) which can be used by the defense
- Body-worn camera footage at the time of the stop and arrest: If this shows that you seemed focused, alert and clearheaded, that could help your case.
- The roadside Breathalyzer test results: This may not be accurate despite what you’re led to believe. There are many things that can go wrong with the machine which won’t give an accurate reading
While there are legitimate reasons to contest a DUI charge, doing so on your own is simply unwise. Having legal assistance ensures that the evidence against you is examined as carefully as possible and you have the best odds of a favorable outcome to your case.