Can my DUI case be dropped due to faulty procedures taken by police?

Asked about 2 years ago - Miami, FL

I left my friends house and a cop seem to have followed me for about five blocks until he finally pulled me over. I was driving straight and only changed lanes once. The point when he pulled me over is when I entered a gas station to get some directions. He told me to exit the vehicle and said there was a odor of alcohol emitting from my person. He then proceeded to take me away from the camera in front of his cruiser and started to conduct the field sobriety test. He conducted the test in a poorly lit area and at the end handcuffed me and did not read me my rights. The officer took me down to the station and did NOT observe me for 20 min prior to the breathalyzer. I am under 21 and blew a .06. I have torn ligaments in both knees which affect my balance and I feel like I was mistreated

Attorney answers (3)

  1. Steven Douglas Knittle

    Pro

    Contributor Level 15

    5

    Lawyers agree

    Answered . Maybe, if you hire a good DUI attorney and your account is accurate.

  2. Lori Doganiero Palmieri

    Contributor Level 15

    5

    Lawyers agree

    Answered . The only way to find out is to hire a good attorney, get full discovery and evaluate the reason for the stop. A lawyer can determine if there is a good faith reason to challenge the stop. If that is bad, everything that flows from it is no good and the case can get tossed. You'll never figure it out on your own. Police do the wrong thing all the time and when chalenged correctly, their cases can go away.

  3. John Stephen Hager

    Pro

    Contributor Level 10

    3

    Lawyers agree

    Answered . If the police have a procedure in place that they will videotape all DUI's, and they did not videotape yours, you may be able to file a Motion to Suppress field sobrety exercises.

Related Topics

DUI: An overview

The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,920 answers this week

3,069 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,920 answers this week

3,069 attorneys answering