Courts have demonstrated quite well their unwillingness to toss a case because of an officer’s DUI errors and omissions. This doesn’t mean the defense bar has to lie down and take it.
DUI Expert Witness William Pelarenos sits down again with us to talk about the trends he has been seeing in DUI arrests.
William is the author of DUI’s Decoded and has been admitted in Illinois courtrooms as an expert witness in DUI field sobriety tests.
The reviewing courts have let us know that they will not toss a case simply because an officer has committed a substantial error or omission.
Three recent cases have made it loud and clear that defense attorneys should not turn to a dismissal or to suppression of evidence as a remedy.
These cases are:
- People v. Strobel
People v. Olson
People v. Moises
Errors & Omissions
What exactly is going on out there?
We know that officers are …
- Failing to Position the Squad to Record The SFSTs
- Turning Off Their Microphones
- Providing Inaccurate Instructions
- Incomplete Field Notes
- Creating Inaccurate Reports
With the help of a qualified DUI expert the defense bar can begin to fight back.
We don’t have to take it lying down anymore. First, we have to be keen enough to spot the errors and omissions being committed by DUI officers. To learn more about what happens after a DUI arrest go here.
Second, we have to be able to articulate the significance of the errors to a judge or jury.
And finally, we can make darn sure we are using the errors and omissions to confront and cross-examine an arresting officer. No, we are not going to get evidence tossed or a case dismissed.