Dirty DUI Case Results in Prison Time

Private Investigator or Police Misconduct in DUI Cases Can Result in Dismissal

Police Officers Don’t Look for The Truth – They Build Cases

Police build cases; they do not look for the truth. In some cases, dirty police officers sometimes engage in misconduct resulting in a wrongful conviction in DUI cases. Few defense lawyers have the tenacity, experience, and credibility to attack a dirty investigation and expose police misconduct. Michigan’s top DUI defense attorneys are known for providing fearless, zealous advocacy and stopping at nothing to protect their clients. Most police officers are straight shooters and conduct themselves professionally; a few bad apples can give the rest of the police force a bad name.

An Example of Misconduct in a DUI Case

A former divorce lawyer involved in the San Francisco Bay area’s “dirty DUI” police scandal has been sentenced to two years in prison for illegally eavesdropping on her clients’ estranged spouses and evading taxes. Mary Nolan was sentenced to 2 years in prison, lost her law license, and had to pay $469,000.00 in unpaid income tax. She hired a private investigator (now in prison) to install listening devices in her client’s estranged spouses’ cars to help in divorce and child custody cases. She also arranged for the private investigator to have attractive women approach the estranged husbands in bars and get them intoxicated. When the man would get behind the wheel, the private investigator would call the police to report them as drunk drivers. There are numerous examples of police misconduct in DUI cases that involve similar unethical behavior.

How a Defense Attorney Utilizes Police Misconduct to Defend Against DUI Charges

Police misconduct can occur in any criminal case. It is common in DUI cases. Misconduct is not uncommon because officers make DUI arrests based on subjective observations. Police officers are more likely to make mistakes or violate the rights of suspects when they are under pressure to make an arrest.
Many different types of police misconduct can occur in DUI cases. Some of the most common include the following:

Unlawful stops: Police officers are only allowed to stop a vehicle if they have reasonable suspicion that the driver has committed a traffic violation or is involved in criminal activity. If an officer stops a car without reasonable suspicion, any evidence obtained from the stop, such as breathalyzer and field sobriety tests (SFST), may be suppressed.

Improper field sobriety tests: Field sobriety tests are standardized tests that police officers use to assess a driver’s level of intoxication. Officers often administer SFSTs improperly. Even minor errors can invalidate the results. For example, an officer might have performed the Horizontal Gaze Nystagmus test incorrectly or have erroneously instructed the suspect on how many steps to take during the walk-and-turn test.

Coerced confessions: Police officers cannot coerce suspects into confessing to crimes. The judge might suppress the resulting confession if an officer threatens the suspect, makes improper promises, or uses physical force.

If a criminal defense lawyer can show that police misconduct occurred in a DUI case, they may be able to have the evidence suppressed or have the charges dismissed altogether. A dismissal is possible because the exclusionary rule prohibits the use of evidence obtained in violation of a suspect’s constitutional rights.

Attacking Police Officers Guilty of Police Misconduct in DUI Investigations

In addition to suppressing evidence, a criminal defense lawyer may also be able to use police misconduct to impeach the arresting officer’s credibility. The jury may be less likely to believe their testimony if the officer has a history of misconduct or previously made false or misleading statements.

Police misconduct is a serious problem that can have a devastating impact on the lives of innocent people. If you have been arrested for a DUI, it is essential that you call LEWIS & DICKSTEIN, P.L.L.C. to speak with an experienced criminal defense lawyer who can help you fight the charges and protect your rights.

Ethical Michigan Criminal Defense Attorney

Ethics are important to the practice of law. An attorney must be above reproach. An attorney who is respectable and respected in the legal community where they practice will benefit a person charged with a crime far more than an attorney who is not. Attorneys with a reputation for being aggressive and ethical benefit from the doubt in court. The attorneys at LEWIS & DICKSTEIN, P.L.L.C. take ethics very seriously and operate at the highest standards of professionalism. If our attorneys discover police misconduct in DUI cases, we will expose it and fight for all charges to be dismissed.

Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.