In any criminal investigation, the continuity and integrity of evidence is essential for prosecutors.
Where investigation requires physical evidence collection and storage, however, there is the potential for police to make mistakes. Some of these are the result of human error whereas others happen due to a failure to follow procedures correctly.
Either way, it gives you the opportunity to challenge the case against you. Below are just two of the ways in which evidence can be collected incorrectly.
Improperly conducted breathalyzer testing
When police carry out a breathalyzer test, there are strict procedures that need to be followed. The results of this test are very important to the case against you as they’re the best evidence the prosecution has that you were over the limit while behind the wheel.
Breathalyzers are not completely accurate and there are many factors that can affect the results.
A failure to follow procedures such as making sure the machine is calibrated properly and waiting 15 minutes before carrying out the test can also result in the test being inadmissible in court.
Failure to have probable cause to arrest you
Police cannot just arrest you for no reason; they need to have probable cause. Examples of this may be that they could smell alcohol on you, your speech was slurred or you failed the breathalyzer.
A failure to demonstrate probable cause can result in the arrest being illegal which significantly weakens the case against you.
Concerns about how the police conducted an investigation after your DWI arrest can mean that evidence against you can’t be used in court. Seeking early legal help gives you the best opportunity to review and challenge the prosecution’s case.