Can I Challenge a Police Report?
By Jonathan Blecher on August 3, 2017
Anytime that law enforcement is involved in an incident, no matter how minor, a police report will be filed that details what the police on the scene observed. This will include a detailed recollection of events and explain what evidence law enforcement found to bring charges against you. In a DUI arrest, this police report will generally include the results of a PAS test, chemical test, and all field sobriety tests. It will also provide a narrative of what transpired that evening. This is the evidence that the prosecution will use to try and convict you in court.
How to Challenge the Police Report
One of the most debatable things that appear on police reports is the narrative of the events that occurred. Law enforcement will list every small instance that led to the arrest, such as the presence of slurred speech, reddened eyes, the smell of alcohol, or how long it took to get out the license and registration. If a field sobriety test was performed, the report will explain why the actions of the driver led police to arrest them on suspicion of being intoxicated.
In many cases, police will align their courtroom testimony with what has been detailed in the police report in order to avoid providing any discrepancies. However, if the testimony of law enforcement does not align with the details of the report, a drunk driving lawyer can use this as evidence to discredit their case.
Additional areas of challenge to a police report include:
- Validity of the PAS, blood, urine, or breath test
- Your personal witness and testimony of the case
- Additional witnesses and testimonies to contradict the report
- Accuracy of field sobriety tests performed
There are many ways that you can challenge the report made by the arresting officer. For example, if witness testimony can show that the demeanor and conduct of the alleged drunk driver does not align with the details written on the report, it can be suggested that police did not follow protocol in arrest procedures and may not have even had a valid reason to stop the vehicle from the start.
Challenging the police report can be difficult, but is not impossible. Working with a Miami DUI attorney can be the first step in minimizing the damages caused by a DUI charge. Contact Attorney Jonthan Blecher today at 305-321-3237.