Georgia DUI Defense Lawyers
False DUI Arrests as a Result of Police Misconduct
Entrapping the Driver
A case of entrapment would be a circumstance in which the driver is forced to drive home by a police officer, despite being drunk. For instance, when police bust a party and announce that everybody at the party must get into their vehicle and drive home. The officers are likely aware that some attendees are drunk. Upon pulling out, the police officer pulls you over and makes you submit to an alcohol test. The police officer already suspected you of being drunk and convinced you to drive home anyway. This is illegal activity on behalf of the cop and can be used to your advantage in court.
Framing the Driver
This may occur when individuals coax you into drinking a bit more than you should. Upon entering your vehicle to drive home, they call the police and report you for drunk driving. In this case, you may be able to pursue the person who framed you by alleging they conspired for your arrest.
False DUI or DWI
If a police officer falsely reports the circumstances leading up to your arrest, then this could classify as a false DUI or DWI. Police officers are required to fully recount the details of the arrest, as well as be able to provide probable cause for suspecting you to be drunk in the first place. If the police officer is unable to provide sufficient reason for pulling you over, then this could work in your favor in the courtroom.
Crooked Police Officer
There is a chance you can be arrested for a DUI or DWI without actually having committed the crime. In cases of crooked police officers, they may be trying to bulk up their resume by violating the law. If you are able to provide strong evidence that your DUI or DWI were falsified, then you can be freed of your charges and hold the police officer accountable.
Lacking Sufficient Evidence
Police officers sometimes get overzealous in their arrests, arresting a person without sufficient cause. For instance, if you passed the blood alcohol test but failed other parts of the sobriety test, then this isn't valid ground for your arrest. In such cases, the arrest will be easily dismissible in court.
In a majority of cases, police officers have sufficient evidence to prove the driver was intoxicated before driving. However, there are still scenarios in which a person may be falsely convicted. If any of these cases apply to your DUI or DWI arrest, then it's possible for you to fight your charges in court. In cases of illegal arrests, the police officers need to be held accountable for their actions so that they don't continue to abuse the law.