Facing a DWI charge can be stressful. In the state of North Carolina, penalties can include steep fines as well as jail time. As such, you probably wonder what kind of defenses may be possible if you are in this scenario.
While every situation is unique, there are times when courts throw out DWI cases due to police officer mistakes. Think about your situation carefully. Did the police officer do any of these things?
1. Pull you over without probable cause
Before law enforcement can pull someone over, they must have a reasonable cause for doing so. While you should never become hostile when communicating with the officer who pulls you over, you can ask him or her for the reason for the stop. Pay close attention if he or she cannot offer a reasonable explanation.
2. Administer blood, urine or breath tests incorrectly
When it comes to testing intoxication levels, there are multiple possibilities for errors to occur. From gathering and handling samples to analyzing data, there are numerous ways for human mistakes to happen during blood, urine or breath testing processes.
3. Fail to prove you were driving while under the influence
Another thing to note is why the police officer believes you were driving. If it is obvious you are behind the wheel when driving, this may not apply, but sometimes there are situations when police mistakenly believe someone was driving when he or she was not.
At the end of the day, law enforcement officers are people, and every person is capable of making mistakes.