Analyzing Police Work
Your Orange County DUI lawyer knows that the court and jury place a great deal of weight on the arresting officer’s reports and observations. The police typically use a standard form such as the Alcohol Influence Report. This type of report often has boxes and checkable sections to make it easy for the officer to write notes about your appearance, behavior and statements.
Looking for Inconsistencies in the Report
But your DUI attorney knows how to comb the report for inconsistencies to help your case. An example might be found in the arresting officer’s notes about intoxication. Let’s say you have a chemical test suggestive of intoxication but the police report notes that your behavior was normal. That conflicting information may invalidate the blood alcohol level test.
The Importance of Video Evidence (or Lack Thereof)
The availability—or unavailability of video evidence may also prove crucial. If the tape shows your demeanor and gestures to be normal, it may call into question the accuracy of the Alcohol Influence Report. On the other hand, if video technology was available to record your DUI stop but was not used, or was lost or destroyed, that may aid your case. (A Supreme Court ruling found that bad faith is usually required to blame the police for lost evidence. However, it is also possible that the use of available video cameras would have proven your defense case.)
Your Orange County DUI lawyer is well versed in state and federal law and how to pursue the best strategy. Most important, Coffey & Coffey know the local courts from the inside, and how to prepare your case for the best possible result. Call (800) 706-7888for a free consultation.