There’s No Substitution For Experience

By Brian D. Roman, Attorney at Law

Being charged with driving under the influence (DUI) is not the same as a conviction. One Needham, Massachusetts man had both reckless driving and  DUI  charges dismissed against him.

An off-duty police detective had reported that he had seen the man driving recklessly. Two police officers then pulled the man over and claimed he appeared to be under the influence and unresponsive to their questioning. Officers then alleged that the driver became agitated and drove away. A police chase then supposedly ensued with the driver reportedly traveling at speeds of 20 miles per hour.

The driver apparently at all times insisted that the police reports were inaccurate and that he was not intoxicated when he was pulled over. Whatever the case, prosecuting attorneys later dismissed all of the charges against him.

Even in DUI cases the burden is upon the prosecution and arresting officers to prove their case up. They must that there was probable cause to make an arrest. These officials must also prove that the person was actually guilty as to what was charged.

Many DUI arrests are based upon the subjective observations of arresting officers. While these observations are given a certain amount of weight, there are instances where the officers were either biased in their observations or did not testify accurately to what they had seen.

It is always a good idea for anyone pulled over for alleged drinking-related offenses to speak to a DUI defense attorney at the earliest possible convenience. These attorneys can make certain that any evidence introduced in court is both reliable and relevant in relation to the charges.

Source : North Kingstown Patch, “Update: Charges Dismissed Against Alleged Drunk Driver,” Samantha Turner, June 30, 2013

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