Using Police Misconduct or Perjury to Fight a DUI-DWI Charge
Police Misconduct is a FactFor a variety or reasons, police and crime lab workers sometimes cheat. Often, it is to save time or money. Other times, neglect or sloppiness is the problem. This misconduct overshadows and taints the State's "forensic" test results that are sought to be used against you. Your skilled defense attorney will know how to focus the jury's attention on the false testimony or shoddy laboratory work of the State crime lab and move the jury's attention away from your "alleged" blood alcohol (or drug) tests.
Perjury by Law Enforcement OfficialsPerjury is the crime of intentionally lying after being duly sworn (to tell the truth) by a notary public, judge, court clerk or other official. Also, modern statutes often make certain types of government documents (such as police officers' reports) "sworn" documents even without a notary witnessing the officer's signature or swearing to an oath. One of the most serious acts of misconduct a law enforcement officer can do is to commit perjury. Jurors and judges tend to discredit all testimony of any witness who can be proven to have departed from telling the truth on any issue involved in a criminal prosecution.
Showing Perjury or a Prior Inconsistent Statement is the First StepShowing perjury or a prior inconsistent statement is an important first step in convincing a jury (or a judge) that the officer or lab technician is not worthy of belief on any issue. Your defense attorney will ask the judge for a jury instruction that tells the jurors that if they find a lack of credibility of any witness, they can disregard the witness' entire testimony.