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Why the Police Report Could Actually Save You From a DUI

Police officers are trained to observe a vehicle in operation and make a determination regarding whether the driver is potentially under the influence of alcohol or drugs. Officers are trained using The National Highway Traffic Safety Administration (NHTSA) manuals to note “cues” that identify the most common and reliable indicators that a driver is impaired. They are trained on 24 different clues including: weaving, swerving, driving without headlights at night and failure to make turn signals.

Generally, a police officer’s DUI investigation report will specifically identify the cues that the officer claims he observed. However, the report will not point out the cues that the officer did NOT identify. This is an important fact that can be used to discredit a police officer’s opinion in Court by showing that while he may have observed 3 cues (for example) he did not observe any of the other 21 cues that he has been trained on.

Many people think that when their police report identifies a few cues showing they were intoxicated that their case is a lost cause. However, using the above strategy that isn’t necessarily true. Remember, it isn’t just what is in the police report that is important… what is NOT in the police report is equally important.

However, a notable aspect often overlooked is what the report does not mention – the cues that the officer did not identify. This nuance can become a critical point in challenging a police officer’s opinion in court. While an officer might report three observed cues, for instance, it becomes significant to point out that they did not notice any of the other 21 cues they were trained to recognize.

This strategic approach can be a game-changer for individuals facing DUI charges. Contrary to popular belief, having a police report that identifies a few cues indicating intoxication doesn’t necessarily mean the case is a lost cause. What matters just as much is the absence of cues in the report. This crucial detail can be leveraged by defense attorneys to question the comprehensiveness of the officer’s observations and potentially cast doubt on the reliability of their conclusions.

At Thomas Law Firm, our attorneys have access to the complete and up-to-date set of NHTSA training manuals – all 14 of them. These manuals contain valuable information about officer training, which can be used to challenge an officer’s claims and strengthen a client’s defense. By carefully examining what cues were not mentioned in the police report, our legal team can build a compelling case that questions the thoroughness and accuracy of the officer’s observations.

If you’re facing DUI charges, it’s crucial to have a legal team that understands the intricacies of DUI investigations and can use every available resource to build a strong defense. The consultation with the attorneys at Thomas Law Firm is offered at no charge, providing an opportunity to discuss the details of your case and explore potential strategies for a successful defense. Don’t hesitate to contact us today and schedule a consultation to better understand your legal options and protect your rights.

Do you have further questions or concerns? Call us or contact the attorneys at Thomas & Ahnell, LLC, and we will be happy to help.

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