Observations of the Officer
Your Napa County Creek DUI attorney will analyze the observations that the officer who arrested you made during the incident. In particular, your Napa County Creek DUI attorney will closely review the following information:
Your attorney may inform you that police officers often use Alcohol Influence Report forms or other forms that give them the ability to report information about your appearance, behavior and any statements that you make.
Your Napa County Creek DUI attorney will also carefully review information reported by the police officer for any potential inconsistencies that regard potential symptoms of intoxication. For example, the police officer may have reported that you appeared normal on the Alcohol Influence Report form and your blood alcohol content was high, this type of inconsistency may help to support an argument that the chemical test result was in error. Another potential inconsistency is if the Alcohol Influence Report indicates negative observations about your appearance or behavior, but this does not appear in a videotape that police had regarding the incident.
Your Napa County DUI lawyer will also investigate whether police had the option to use a videotape to record the incident and whether they used it. If police did have this opportunity but failed to use it, this may raise the inference that the police may have had a reason to hide this information. The Supreme Court requires a showing of bad part on the prosecution if potentially exculpatory evidence is destroyed. However, even without this showing, your lawyer may be able to raise the inference that the tape would have been favorable to the defendant if the prosecution lost the tape.
For assistance with your DUI case, contact Blackie Burak at 1-866-BLCKDUI.