Police Mistakes That Can Win A DWI Case In Minnesota
The police are human, they make mistakes, and that is how a good DWI lawyer wins cases, by discovering these mistakes and pointing them out to the police, prosecutor, judge and jury. Some common mistakes are:
- The Police do not have a valid reason to stop you.
- Not having reasonable suspicion to require you to submit to field sobriety tests.
- Not letting you contact an attorney prior to requesting a test.
- Not letting you contact the attorney of your choosing prior to testing.
- Not offering an alternative test to Blood or Urine if you refused one of these.
- Improper certification by the DataMaster operator.
- Contaminating the Blood Draw sample.
- No Warrant was issued for a Blood Draw.
How To Find Police Mistakes?
This is not as easy at it sounds. Typically a good DWI lawyer in Minnesota will start with the police reports. Your lawyer MUST get them and as soon as possible. The reason is to see what the police officer wrote, and what they hand wrote, as they are not always the same. Just as some officers write on the back of a ticket so will officers write in the margins on the DataMaster test record, Implied Consent advisory form and on the DWI form. That is why it is so important for your lawyer to get the reports and spend a good deal of time reviewing them.
The next piece of evidence that must be examined is the squad video and the audio tape. In Minnesota, the police must record your interviews, if they don’t then the statements (usually confessions) can be suppressed or kept from the jury. Often times the police or prosecutor will play games when your attorney requests the tapes. That is why it is critical to have an aggressive attorney who is not afraid to ruffle a few feathers to get all the evidence.
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