Police Mistakes
Learning from Common Police Mistakes
The police, like the rest of us, are only human. Which means that even the most
experienced and highly trained law enforcement professionals can make mistakes
when citing an individual for a motor vehicle violation.
By recognizing the flaws inherent in the following situations, we are able to
build an informed defense for our clients.
Speed Enforcement
If used properly, a traffic radar device can be a valuable tool in diminishing
speeding. Properly is the key word. Questions to ask are:
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Has the operator attended the Radar Operation Certification Course, as
recognized by the Peace Officers Standards and Training?
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Did the operator follow the appropriate procedures in using the device?
If the answers are "no," the credibility of the radar device's results are
greatly affected.
Breath Testing
Like the SFST battery, breath tests must be administered by approved and
standardized methods and standards. In New Jersey , if an individual refuses to
take a breath or blood test, he or she will be charged with refusing to take a
chemical test. Questions to ask:
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Was the person tested by the officer directly observed for the required 15
minutes prior to the administration of the breath test?
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Did the officer ask and or inspect the person's mouth to ensure that nothing
was put into the mouth prior to testing?
If the answers are "no," the credibility of the breath test's results are
greatly affected.
Additionally, chemical testing is not always statistically accurate. Every test
depends upon a presumed relationship between breath and blood alcohol. And the
lung-blood ratio varies both with the time and the individual tested. If the
individual is tested before the alcohol consumed has been completely
distributed throughout the body, it is possible for the results of a breath
test to be much higher than the actual blood alcohol content. Chemicals
commonly found on the breath of humans - mouth alcohol, acetone, methane and
others - also affect outcomes. |
Drug Recognition
Evaluation (DRE)
The Drug Recognition Evaluation is a systematic process based on observable
signs and symptoms known to be reliable indicators of drug impairment. These
facts are obtained from careful observation of the suspect's:
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Appearance
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Behavior
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Performance of psychophysical tests
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Eyes
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Vital signs
Questions to ask of a DRE include:
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Has the law enforcement officer received the required training to administer
the DRE?
-
the law enforcement officer administered and evaluated the drug recognition
process without deleting or erroneously performing administrative elements of
the process?
If the answers are "no," the credibility of the DRE's findings are greatly
affected.
Standardized Field Sobriety Tests Battery (SFST)
This three-part field exam guides law enforcement officers in assessing an
individual's possible intoxication. It consists of:
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Horizontal Gaze Nystagmus
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Walk and Turn
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One-Leg Stand
It's important to determine whether the law enforcement officer received the
required training to administer the SFST battery. If the law enforcement
officer has not administered and evaluated the SFST battery in the required
standardized manner , the officer will not obtain the validated indicators of
impairment based on scientific research. Therefore, the officer has invalid
test(s).
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