Examples include when they falsely put in their report that you committed any of the following: failure to maintain lane, improper lane change, failure to signal when you really did, no headlights, no tail lights, speeding (when the cop didn’t even use a radar gun), etc.
If they ask questions unrelated to the initial stop, the evidence they obtain thereafter can all be suppressed. They typically exceed the scope of the stop by asking, “Have you been drinking?” when they don’t have any clues of drinking, and they ask this since you were driving by a local bar and it is late at night. Or sometimes they will assume that just because you are a certain race that you are probably drunk or are dealing drugs. This is illegal.
The National Traffic and Highway Safety Administration’s training manual for police officers states that the portable breath test should be conducted after the walk and turn and the one-legged stand tests. Officers often like to jump to the portable breath test to get a reading. If you are showing a high breath alcohol result, they then can make up a number of clues they “see” when they then have you do the walk and turn and the one-legged stand tests. I have effectively exposed that many officers do this portable breast test prematurely and have had several cases thrown out because this is totally improper.
Officers routinely do not give proper instructions, especially on the walk and turn, where they just tell you to turn around after taking the first nine steps. Then they mark you as showing a clue of impairment because you didn’t take baby steps in doing your pivot move. This is unfair because if they just say turn around and complete another nine steps back, and don’t tell you specifically how to do this, nor do they demonstrate it for you, they are setting you up for failure from the get-go.
Officers often do not show you how to do the field tests. A common omission is to fail to show you how to pivot on the 9 step walk-and-turn test. Another is they fail to demonstrate how to hold your foot up and your arm position on the one-legged stand. If they fail to do this you can win!
Field sobriety tests are only reliable if they are done in a controlled environment, and if the officers precisely follow the training manual. If the officer’s red and blue lights are flashing in your face, it throws off the reliability of the test. If there are frequent cars passing you by during the tests, this throws off the reliability of the tests, not only because of the flashing, sporadic white lights that are on and off of your face, but also because of the wind, and the distraction, of the passing by cars. If you are doing the one-legged stand on an uneven surface, it undermines the validity of the tests. If you are not properly covered and are cold as a result, the tests are compromised. If you are affected by the wind from passing cars and semi trucks, the tests are not reliable and you can win!
If you have medical issues, such as a chronic back or neck pain, or a sprained ankle, or even gout or another illness or condition, you can win!
They are required to have you open your mouth to check for foreign debris which could throw off the results of the breath testing machine. If they didn’t check your mouth and then continually observe you for at least 15 minutes to see if you burp or regurgitate, you can win! If you were in the back of the cop car after they checked your mouth, and they then drove to the station and then conducted the breath test without checking your mouth for another 15 minutes at least, you can win!
We subpoena the officer’s credentials and training certificates and if they are not properly and currently certified, you can win!
If they do this, it renders the consent to search your person for breath or blood invalid and NON-CONSENSUAL and the results can be thrown out. If so, you win!
You have many rights. If they did not read you those rights and question you about how much you had to drink, where you were coming from, where you were going, when you drank last, etc., you can have those statements thrown out, and as a result, you can win!
Even if they claim they can get a warrant, they cannot threaten you or tell you they will get a warrant anyways so you might as well just consent. If they do, you can win by having that evidence suppressed!
Officers may only stop you for a limited amount of time…to ask you questions related to the reason for the stop in the first place. To question you beyond that is illegal and often times the officers do this to buy time until the drug sniffing dogs come out. Who let the dogs out, right? The cops did, and likely they let those dogs out illegally, if you catch my drift. If the cops have done this to you, call us immediately and we will get that evidence thrown out!
There are hundreds of causes of eye nystagmus apart from alcohol impairment. If you have one or more on this list of cause, YOU CAN WIN!
Here at Utah Freedom Fighters, we’ll do just that. Fight for you and help you in your situation. If you want to talk about how we can help give us a call now, or learn more about why hiring an attorney for a DUI is good idea here.