• 02
  • November
    2011

When an individual is arrested for suspected drunk driving, it is the job of the police officers to gather good evidence during the arrest. The information from the officers present -- including results from a breath test or field sobriety test, description of the arrest, and the events leading to the arrest -- can all be crucial in building a case.

Judges typically assume that information is true, and it can be detrimental to an individual if the arresting officers fail to report accurate information from the DUI arrest. Unfortunately, that is exactly what recently happened to one Pennsylvania state representative.

At her hearing on Tuesday, a judge moved to toss all evidence that was connected to her drunk driving arrest. And the judge had good reason to do that. There were several inconsistencies in the evidence the police officers provided.

The judge stated that he took issue with claiming someone was "driving under the influence" after only having one drink, and the criminal defense attorney stated that the state representative only had one martini before getting arrested.

In addition, the police officers initially claimed that there were no other cars on the street when they arrested the state representative. Later, however, another officer testified that there was a car between the state representative's car and the squad car.

The judge appropriately concluded that the inconsistencies raised "serious doubts about the police officer's voracity and ability to observe." He also stated that the testimony of one police officer was "woefully insufficient."

In some situations, individuals who are arrested for drunk driving simply pay the tickets and submit to losing their licenses. The state representative's case helps show the benefits of working with an experienced criminal defense attorney to protect your rights and keep your record clean.

Source: news works, "Judge tosses evidence in Rep. Parker's DUI case," Aaron Mosell, Nov. 1, 2011