When confronted with a situation in which you are accused of a crime and the arresting or otherwise involved police officers are untruthful in any aspect of the investigation or arrest, you’re in for a difficult process. Many judges and courts are inclined to take law enforcement’s word as self-evident truth, and it is extremely difficult to prove that an officer flat-out lied. In these tricky circumstances, you need to consult with a DUI attorney with knowledge of these issues.
If you are able to, try and record your interaction with the police officer. Cell phone cameras and built-in voice recorders mean that you should have a means to record everywhere you go – if you are pulled over, use it. Start recording as soon as possible, and try to capture the entire interaction. It will be difficult for an officer to refute having lied if you possess a hard record of said lie.
If you are unable to obtain a recording of your own, find out if law enforcement does. Many officers carry recording devices or have dashboard mounted cameras that capture each traffic stop interaction. Request a copy for your purposes. In order to avoid disclosing any wrongdoing, some police officers claim that their recording devices were malfunctioning at the time of your arrest. Subpoena maintenance records from the department to verify these claims.
Some officers exhibit a pattern of illegitimate behavior, which can be beneficial to your case. If your arresting officer has a record of falsifying information or other professional malpractice, you may be able to put his credibility in question.
As previously mentioned, the best way to protect against an illegitimate charge is to hire an experienced DUI attorney. Attorneys focusing on DUI and related charges such as those at the Law Offices of Finebloom & Haenel can confront these difficult situations bolstered by specialized knowledge and certified experience. If you have been charged with a crime and suspect law enforcement misconduct, call 1-800-FIGHT-IT for a free consultation about your case.
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