DUI Police Report Errors
Even before you were asked to step out of your car or truck, the officer was already gathering probable cause evidence from you. Officers are trained, upon contact with the driver, to:
The officer continued to gather evidence as you stepped from your vehicle; he or she watched for signs of poor balance, such as using the vehicle for support or using your arms to balance as you stand or walk.
Next, the officer likely had you perform voluntary field sobriety tests to gather further evidence against you. Admissions of drinking, consuming marijuana, or taking prescription or even over-the-counter drugs are strong evidence. Some drivers believe the officer will let them go if they “cooperate” by admitting to having “only a couple” drinks. This is not the case.
Your constitutional rights include the right to remain silent and to speak with an attorney before questioning. If you exercised these rights, you did the right thing. If the officer continued to question you after you invoked your rights, the court may suppress your statements, and a competent defense attorney may be able to negotiate a reduction of the charge.
Gathering of evidence against you began with the officer observing your vehicle for “clues” of impaired driving, such as:
Pulling Over Safely
The officer then observed your actions in pulling over, looking for evidence of:
The officer also observed your appearance and behavior for:
“Tough DUI Laws Require Tough DUI Lawyers”
Linda M. Callahan
plan of action
Washington State has some of the toughest DUI laws in our nation. These laws carry increasingly severe penalties for those who drink and drive. Washington lowered the BAC limit from .10 to 0.08 in January of 1999. Drivers with a blood-alcohol concentration (BAC) at .08 or above can now be convicted of driving under the influence of alcohol. In addition, because public sentiment is so very negative toward drunk drivers, prosecutors will often pursue a DUI conviction even when the driver’s test result is well under .08! This is possible because they can obtain a conviction if they can show the person drove while “affected by” alcohol, and/or marijuana or any drug, including prescription or over-the-counter medications.
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Before you were asked to step out of your vehicle, the officer has been gathering evidence to support the arrest.
Field Sobriety Tests
As Ms. Callahan likes to call them “Bad Science”, FST’s are virtually impossible to pass, especially if the officer is the one grading you.
Factory trained, Linda M. Callahan understands the science behind breath testing most attorneys don’t.
With extensive training at Axion Labs in Chicago, Linda M. Callahan has the relevant experience to challenge Blood test evidence.
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We know DUI Law better than most firms. That’s why we are trusted by Thomson Reuters to Author the DUI Practice Manual for Washington every year since 2006. We literally write The Book on DUI.
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