Nobody is perfect, not even Mississippi law enforcement officers. There are a lot of factors that some officers may skip or not take into consideration when making a traffic stop because of a suspected drunk driving charge.
There are grave consequences for getting charged with driving under the influence, which is otherwise known as a DUI charge. Knowing common mistakes that law enforcement officers make during these traffic stops can be crucial in helping your case.
What was the reason for the traffic stop?
A huge mistake that many officers make is pulling someone over without reasonable cause. An officer can’t pull you over if they don’t have a reason to. Legitimate reasons for pulling someone over include:
- A traffic violation such as failure to signal or speeding
- Erratic driving, which can include swerving, driving too slow and weaving into oncoming traffic
- Witnessing the driver be involved in a public offense or crime
Police officers need to have a reason beyond a shadow of a doubt that you were committing some sort of traffic violation to pull you over outside of a DUI checkpoint. If there wasn’t a justification for the traffic violation, then the drunk driving charges may not hold up in court.
Mistakes with the traffic stops
Police misconduct during a traffic stop at a DUI checkpoint or otherwise is sometimes enough to void all charges. Misconduct can come in the form of hostility, threats, or derogatory names.
Several sobriety tests outside of a breathalyzer exist to determine whether a driver is impaired. However, if these tests are not conducted properly by the arresting officer, then they may be able to be thrown out.
Depending on the severity of the charges, it’s possible for police mistakes to change the outcome of your DUI charges. It’s important to take notes and ask for as much evidence as possible when fighting DUI charges.
