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Is Police Mistreatment a Defense to DUI?

Posted by Richard Lawson | Mar 28, 2016 | 0 Comments

It is, but only partially. When a person is charged with DUI, their case will be decided on its merits.

In a criminal case, there are three potential defenses; two are factual, and one is a legal defense.

Factual Defenses to DUI:

The first and most obvious argument is innocence, which needs no discussion.

The second defense is justification. In a justification defense, the accused must admit to committing the crime yet should not be convicted due to a sufficient reason. The most commonly used justification defense is self-defense.

In DUI, justification most often happens when someone is forced to flee, using their vehicle to escape danger. That can occur in a domestic violence situation or even fleeing a bar fight.

Legal Defenses to DUI:

Legal defenses are the result of when a police officer violates the constitutional rights of the accused, usually through a violation of police procedure. If a police officer violates a person's rights, the State cannot prosecute that person.

That is where mistreatment can come in. In and of itself, mistreatment does not constitute a perfect defense. A person can be guilty of DUI, and at the same time, a police officer can be guilty of abuse.

However, if the mistreatment is severe, it is unlikely that the court will find him a credible witness or a prosecutor will want to use the officer as a witness. That being said, the fact that someone was mistreated does not mean their case will automatically be dismissed.

About the Author

Richard Lawson

Richard Lawson has devoted his entire career to DUI Defense. He exclusively handles DUI Cases. As a former DUI Prosecutor he knows both sides of your case. Put his experience to work for you. You only have 10 days to protect your right to drive. Call now for immediate attention. We are available 7 days a week, 24 hours a day.

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