Improper Arrest: Medical-Physical Conditions

There are numerous medical and physical conditions that can affect a person’s roadside behavior and performance. These issues should be considered and factored into an officer’s arrest decision. If an officer is aware of a medical condition but plainly ignored it, a good judge may grant a motion to suppress. Even if the case proceeds to trial, a solid motion transcript will help keep that officer “honest” if he should try to change his story in front of a jury.

More Ways to Beat DUI Charges

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
• 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
• Inconsistent Statements by Law Enforcement Officer
• Expert Witness