POLICE REPORTS
Police officers say the same things about each DUI arrest, and the problem is escalating to the point where some are questioning the use of pre-written reports (aka "Mad Libs Police Reports").
There are certain things that our DUI Defense Attorneys have seen over and over again - general descriptions of people all exhibiting the same symptoms of being under the influence of alcohol or drugs. To make matters even worse, affidavits are getting peppered with statements by law enforcement officers about a driver's flushed face, bloodshot eyes, or slurred speech.
Initial observations described by police officers in DUI Police Reports are discouraging to clients, despite their being commonplace in law enforcement.
Our DUI Defense Attorneys Attack
Pre-Written "Mad Libs" Police Reports
Law enforcement officers are trained to write complete and accurate Police Reports and include all the information in the report that is supportive to the case and their arrest decision. Accordingly, it is important to pay attention to what is not in the report as well as what is listed in the report.
Unfortunately, in the everyday examples (listed below) individual facts taken alone do not necessarily prove that this Massachusetts driver was operating a motor vehicle under the influence of alcohol or drugs.
"Breath Odor" Police Report
Officer notes in his or her report that they could smell an odor of intoxicants coming from within the vehicle. The odor of intoxicants (or the strong odor) does not mean that a person is intoxicated or under the influence of alcohol. It certainly can mean that the driver had something to drink, or that he or she had a drink spilled on themselves. It is also common for the odor of intoxicants to remain in the vehicle after intoxicated passengers have been dropped off. Even if the driver had been drinking, there is no way for a police officer to correlate the odor (or strength of the odor) of intoxicants to a specific blood-alcohol content (BAC) or level of impairment.
"Bloodshot Eyes" Police Report
Officer notes in their report that the driver's eyes were bloodshot and watery. Bloodshot and watery eyes are an indicator of intoxication. There are many other reasons why a person can have bloodshot and watery eyes. Some examples are: allergies, being tired, being awake for an extended period of time, irritation from smoke, medical conditions, and naturally bloodshot and watery eyes.
"Slurred Speech" Police Report
Officer notes in their report that driver's speech was slurred. Slurred speech is an indicator of impairment that officers are trained to look for. However, there are many other reasons why a person may have slurred speech. Some people slur their words when they are tired and some people have lisps and commonly slur words because they have trouble saying certain words or sounds. The officer never states whether he or she had met the driver before and knows how the driver "normally" speaks.
Our DUI Defense Attorneys
Find Flaws in Police Reports
That Can Help You
Police Reports typically omit everything that the driver did correctly while the officer observed you. Our DUI Defense Attorneys would show, if factually correct, that when the officer turned his or her overhead lights on to pull you over, you immediately reacted to the lights (consistent with sobriety). You chose an area to pull over that was safe (consistent with sobriety).
Additionally, if factually correct, we will demonstrate the absence of "classic alcohol impaired actions," such as crossing over lane markings, accidents, and a driver attempting to evade arrest.
MASSACHUSETTS OUI POLICE REPORT DEFENSE ATTORNEYS
Our Massachusetts DUI Defense Attorneys have an aggressive reputation for cross-examining police officers and defending pre-written, "Mad Libs" police reports. To schedule a FREE Case Review at any of our offices, call (888) 693-8434 or contact us for a no-obligation consultation relating to help in the following areas: