There are several ways to defend against allegations of drunk driving in Iowa City. One of the most powerful, though, is to point out mistakes made by the police. Many of these, if properly shown, can demonstrate how your rights have been violated and how the evidence used to charge you has been compromised. This could result in an acquittal or dismissed charges, thereby salvaging your future.
But what specific legal arguments should you make to protect your interests in a DUI case? Let’s take a closer look so that you know how to develop compelling legal arguments aimed to beating the prosecution’s assertions.
How to use police mistakes to your advantage in a DUI case
Once charges have been filed, prosecutors will act like they have plenty of evidence to obtain a conviction. It’s up to you, then, to point out their case weaknesses, including any mistakes made by the police. Here are some effective ways to do that, which may better position you for the outcome that you want:
- Show that evidence was illegally obtained: In some criminal cases, the police gather evidence after engaging in illegal behavior. For example, a traffic stop that’s conducted without reasonable suspicion of an offense could be deemed illegal. If that happens, then any subsequently gathered evidence, including police officer observations of the driver’s behavior, filed sobriety test results and incriminating statements, may be deemed tainted by that illegality. This is known as the fruit of the poisonous tree doctrine, and it can result in otherwise harmful evidence being blocked from use against you at trial.
- Illustrate how evidence was improperly gathered or stored: Evidence collection practices exist to ensure that evidence maintains its integrity all the way through trial. But when police officers fail to adhere to these standards for collecting and storing evidence, then the evidence may become compromised. If law enforcement error is egregious here, then you may be able to successfully suppress the evidence in question.
- Demonstrate that you weren’t advised of your rights: If the police didn’t read you your Miranda rights but subjected you to custodial interrogation, then your rights have been violated. If you made incriminating statements during your interrogation without being advised of the right to remain silent and the right to an attorney, then you may be able to block them from being used against you at trial.
- Highlight bias or motivation: Police officers are held in high regard in our society. But they aren’t all perfect. In fact, some officers are biased against certain individuals or, due to previous experience with a defendant, they’re motivated to try to obtain a conviction. This can sway their testimony in an unfair way. The onus is on you, though, to point these issues out to a jury. If you don’t, then they might take the police officer at their word, which could be bad news for you.
Use every defense opportunity available to protect your interests
There are several ways to approach a drunk driving criminal defense. You therefore have to know what options are available to you and which ones are most likely to give you an advantage over the prosecution. That’s why it’s important to learn as much as you can about your case and the various criminal defense strategies at your disposal. By doing so and working closely with your criminal defense attorney, you’ll hopefully be able to craft a compelling argument to protect your future.