Evidence Provided by the Arresting Officer

Maryland DUI attorneyWhen prosecuting a DUI case, an attorney will usually make a case using various types of evidence such as breathalyzer results and the arresting officer's observations of the defendant during his or her traffic stop. A thorough Maryland DUI attorney will examine the law enforcement agent's comments and decide how to respond to the prosecution's evidence.

Items a Maryland DUI Attorney Will Scrutinize
Many law enforcement agencies utilize specific documents to assist police officers throughout DUI traffic stops. For instance, a defendant's arresting officer may have used an Alcohol Influence Report document to record his or her observations of the event.

A Maryland DUI attorney can explain that the arresting officer utilizes the document to note details such as:

  • Behavior that may indicate the driver is under the influence of alcohol;
  • The driver's physical appearance; and
  • Any comments made by the motorist during interrogation.

Law enforcement agents might also possess a video recording of the defendant's traffic stop and subsequent arrest. The defendant's Maryland DUI lawyer will review the content of all documents and videotapes in order to familiarize him/herself with the prosecution's evidence. Then, he or she can begin to form a defense.

Potential Defense Strategies that a Maryland DUI Attorney May Pursue
After reading through the officer's reports and documents, a Maryland DUI lawyer can pursue several defense strategies. These include:

  • Challenging the credibility of the photo and video evidence; and
  • Questioning the availability of evidence, for example, if the traffic stop was video recorded but the prosecution misplaced the tape.
  • Questioning the validity of flimsy evidence; such as the driver having bloodshot eyes.

An officer's observations are not necessarily considered to be factual. If a Maryland DUI attorney can demonstrate that the law enforcement agent's statements are incongruent with other evidence—for example, the officer claims that the defendant's behavior and appearance were ordinary during the traffic stop but the defendant failed the field sobriety tests—then the defense can argue that the prosecution's evidence is unreliable.

A Lawyer Who Will Fight for Your Rights
Were you arrested for DUI and now need a helpful Maryland DUI attorney to possibly challenge the prosecution's evidence and fight for your rights? Then don't wait to contact Rowe, Weinstein & Sohn, PLLC at 301-770-4710 to discuss your case.

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