Improper instruction from police
When conducting a field sobriety exercise or other test to determine whether an individual is legally intoxicated, an officer is required to give the driver clear and proper instructions beforehand regarding what he or she needs to do for the test to be completed. Similarly, proper instruction is also required while the test is being administered. Failure to do so compromises the validity of the test results, which in turn is likely to cause the judge to rule the evidence as inadmissible.
Failure to read rights and advisories
Everyone is aware that police officers have to read a suspect their Miranda rights when an arrest happens. On a similar note, in the case of DWI stops, there is something called the implied consent advisory that must be given. This advisory exists to instruct a potentially impaired driver of the relevant laws about the testing and their rights in this situation. In Minnesota, drivers are informed that the law requires the testing and that refusing to submit is a criminal offense. However, before making the decision or moving forward with the test, the driver has the legal right to consult an attorney within a reasonable amount of time. If this advisory is not given, it can complicate things for the prosecution. Additionally, there are certain conditions that an …show more content…
However, when conducting the stop, the officer must have specific vehicle information that pinpoints that driver as a possible offender at the exclusion of everyone else. This includes vehicle make, model, color, and – most importantly – the license plate number. Without this information, police may end up stopping the wrong driver. While this may not necessarily invalidate the stop or any tests and evidence conducted as a result, it will certainly bring into question the integrity of the investigation as a whole and make it easier to introduce reasonable
When conducting a field sobriety exercise or other test to determine whether an individual is legally intoxicated, an officer is required to give the driver clear and proper instructions beforehand regarding what he or she needs to do for the test to be completed. Similarly, proper instruction is also required while the test is being administered. Failure to do so compromises the validity of the test results, which in turn is likely to cause the judge to rule the evidence as inadmissible.
Failure to read rights and advisories
Everyone is aware that police officers have to read a suspect their Miranda rights when an arrest happens. On a similar note, in the case of DWI stops, there is something called the implied consent advisory that must be given. This advisory exists to instruct a potentially impaired driver of the relevant laws about the testing and their rights in this situation. In Minnesota, drivers are informed that the law requires the testing and that refusing to submit is a criminal offense. However, before making the decision or moving forward with the test, the driver has the legal right to consult an attorney within a reasonable amount of time. If this advisory is not given, it can complicate things for the prosecution. Additionally, there are certain conditions that an …show more content…
However, when conducting the stop, the officer must have specific vehicle information that pinpoints that driver as a possible offender at the exclusion of everyone else. This includes vehicle make, model, color, and – most importantly – the license plate number. Without this information, police may end up stopping the wrong driver. While this may not necessarily invalidate the stop or any tests and evidence conducted as a result, it will certainly bring into question the integrity of the investigation as a whole and make it easier to introduce reasonable