DUIs and Police Misconduct
“The suspect had red, watery eyes, slurred speech, the odor of an alcoholic beverage emitting from his breath, slurred speech, and failed to perform his field sobriety tests as demonstrated.” This is the exact narrative of almost all California DUI police reports…and the reason why police misconduct is rampant in California DUI cases.
Unfortunately, police misconduct is everywhere and includes an infinite number of acts. It can include inflicting physical abuse upon a suspect, fabricating evidence, intimidating suspects, and committing perjury.
And although the police would blow-off the similarities in their DUI reports by stating that these are simply the symptoms that DUI suspects routinely exhibit, the fact remains that not all suspects are the same. This type of “Xeroxed” DUI police report can constitute police misconduct…especially if you can prove that the report didn’t accurately reflect the events that transpired. Because it’s not just the narrative portion that gets “cut and pasted” but also FST performance, answers to DUI investigative questions, driving patterns…basically everything relating to the entire DUI investigation.
And if you can point to enough inconsistencies in the officer’s report and/or testimony, you may be entitled to an acquittal of your DUI charge based on the officer’s police misconduct.
