Procedural Mistakes: Inconsistent Statements by Law Enforcement Officer

If a police officer cop tells a story on the witness stand that is different from what he wrote in his report, it calls his credibility into question.  This is particularly true when the officer seems rigid and a bit too certain that his opinion should not be questioned.  For example, if an officer exaggerates by telling the jury you swayed and moved your head while he performed the horizontal gaze nystagmus, but his report shows that he obtained "valid" results, that report essentially contradicts his courtroom testimony.  Bear in mind that he wrote the report shortly after the event, so if he tries to pretend that his memory is better a year after the fact, nobody is going to believe him.

More Defense Strategies in DUI Cases

Improper Stops

• Tips or Anonymous Calls
• Mistake of law
• Failure to maintain lane
• Stopping the wrong car
• Stopping for a hunch or just felt like it
• Stopping a vehicle for a different reason than the officer claims

Improper Arrest

• Improperly Administered Field Sobriety Tests
• Coerced Field Sobriety Tests
• Medical-Physical Conditions
• Illegal Extension of Stop
• Videos Don't Support Arrest Report

Improper Blood Test

• Proper Request
• Statutory Requirements
• Lab Mistakes

Improper Breath Test

• Rules
• Certification
• Certification of Machine
• Interferents
• Machine Not Calibrated
• Machine Malfunction

Procedural Mistakes

• Mirandize/Read Your Rights
• Implied Consent Warning
• Witness Appearance
• Expert Witness