Law enforcement is required to obey the arrest procedures and investigation
rules in the event of
DUI. These rules provide transparency and fairness in the work law enforcement
performs, ensure the evidence gathered is legal and unbiased, and protect
Unfortunately, it is not uncommon for police to break the rules—typically
by mistake. If an officer commits an error, it means that the evidence
they collected by breaking the rules cannot be used in a court of law.
If law enforcement made a mistake in your case, your
criminal defense attorney can file a motion to suppress the evidence with the judge. If
the judge grants this motion, then the evidence will be suppressed or
removed from the case. Since the prosecution cannot use the suppressed
evidence against you, this strengthens your defense and often results
The following are the most common police mistakes in a Tennessee DUI case:
Pulled you over without reasonable suspicion – Law enforcement must have a reason to pull you over at the start.
In most cases, this means a traffic violation, such as speeding, switching
lanes without signaling, or driving with a broken light. If an officer
didn’t have reasonable suspicion, then all the evidence obtained
Stopped your vehicle due to an anonymous call – A police officer cannot rely on a phone call to stop you if he/she
does not have a name and address associated with the caller. The officer
must observe an actual violation of the law prior to making a legal stop.
Failed to properly administer a field sobriety test (FST) – Law enforcement use FSTs to determine whether you are intoxicated
before choosing to arrest you. They must follow the rules established
by the NHTSA, such as providing an explanation of each test and accounting
for other factors that could affect your results. If they fail to administer
the test in a proper manner, the FST evidence cannot be used in court.
Failed to properly administer the breath test – Tennessee law sets the rules governing how breath tests are conducted.
Whether the police officer fails to administer the breath test properly
or fails to calibrate the test device, the test results are invalid.
Failed to establish probable cause – Police need probable cause to make an arrest. This means they have
enough evidence of DUI that a reasonable person would suspect you’re
violating the law. If they do not have probable cause for the arrest,
any evidence collected afterward may be inadmissible in court.
Craig & Flatt Attorneys at Law, our Murfreesboro DUI attorney can thoroughly investigate your case, collect
evidence, and determine if any mistakes were made in your case by law
enforcement in order to develop a strong defense strategy on your behalf.
Do not wait to get your life back on track after a drunk driving incident.
For more information,
contact us and schedule a free consultation today.