Defense Strategy – Discovering Police Procedural Errors

These are just a few of the mistakes that a police officer may make during an initial or DUI arrest that may form the basis for a valid defense and strengthen your case. An experienced Kansas City DUI attorney will be familiar with these defense strategies and can use this information to negotiate a reduction in charges or to seek acquittal at trial.  If you have been arrested for DUI, you should seek an experienced Kansas City DUI defense attorney who will work to protect your rights and your freedom.

1. Making a roadside stop based on an anonymous phone tip.

If the arresting police officer did not witness you driving the auto in a dangerous manor himself, the witness will be required to appear in court to testify as to what they saw and reported to police.

2. Arrest based mostly or entirely on your statements.

The state prosecutor must be able to prove, with eye witness testimony, that you had been driving under the influence (DUI).

3. Stop without probable cause.

There must be a legitimate reason for you to be pulled over by police.  The officer must explain in detail what illegal activity the officer suspected you to be doing necessitating the stop.

4. Pulling you over for driving too slow or stopping in the middle of the road.

These are not unlawful or are legitimate reasons for a road stop.

5. Weaving within a lane.

6. Administering the field sobriety tests incorrectly.8. Administering the one-legged stand test incorrectly.

7.  Administering Field Sobriety tests to someone who is not a candidate to take these tests.

Someone with medical conditions, like a foot or back problem should not take the field test.

Call us today if you have been arrested for a DUI in Kansas City. We can help, call today.

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